On Municipal Public Infrastructure Franchise Property Law Positioning

This paper consists of five related parts.Centered on the new kind of right named "concessionary management rightof public facility", this paper starts with its conception as well as itsrationality and inevitability, and brings forward the necessity to researchit from the level of civil law. Subsequently, part II presents the developmentand operation pattern of concessionary management, which would providevisible frame to analyze the legal relationship and the right-liability ofconcessionary management. Based on part II, part III firstly analyzes theholistic legal relationship among the concessionary management, pointing outthat it consists of complicated legal relationships;then it analyzes thebasic relationship, namely the right-liability relationship between theconferrer and conferree, as well as its external form – the contract ofconcessionary management. Through reviewing rights and liabilities of bothparties, part IV analyzes the character of this new right, and comes to thepoint that the concessionary management right is not a kind of public rightor civil contract right, it actually belongs to right of property, or morecorrectly speaking, it is a kind of quasi-right of property, because it isqualified with principle of right of property and also its own trait, itsobject is not unique or specified. In the last part, this paper comes toreality again, pointing out that the orientation of concessionary managementright has great significance either from legislation, execution of law orfrom redress.