Discussion On The Adjustment Of Property Law And Government Action

This article restricts the act of government by "Reality of laws" to the private right protection the angle of view, stands in the science of administration, the legal science, the management science theoretical level, the utilization case analysis method, profits from discipline and so on legal science, science of administration, management science scholars in this domain research conclusion, is for the purpose of discussing "Reality of laws" under the background, between personal right, act of government as well as public interest relations. The private right contains the content is numerous, including contents and so on personal rights, property rights, freedom of speech power, freedom of association power, this article involves the private right which mainly refers to the real right (property rights one kind) the foundation - - property rights. This article has carried on the brief elaboration to the reality of laws theory background, how emphatically from and "protects the private right" to the act of government in "the promotion public interest" to measure begins, analysis government's function, duty and authority. The union present domestic and foreign administration authority expands the present situation and the question, in addition (Chongqing person who stubbornly resists moving event and Hunan Jiahe cutts event) to the related case the analysis and the summary, has discussed after reality of laws releasing, how the act of government can adjust and adapt situation. To be specific, this article altogether divides into four parts:The first part: First to includes with the reality of lawsrelated concept------The real right, the property rights, the publicinterest, the act of government, the executive power and so on carried on have been clear, then the induction with the act of government boundary related reality of laws content as well as these related contents the influence which produced to the act of government.The second part: In the summary introduced in the global government executive power expansion tendency's overall condition foundation, specially carries on the analysis to the present Our country Government administrative action's present situation and the subject matter, and analyzes has these question reason.The third part: Enumerates "the person who stubbornly resists moving" and "Hunan Jiahe event" takes the case, carries on the analysis and the comparison, and unifies "Reality of laws" concerns to the right of private ownership protection rule and to the act of government limit rule, obtains "Reality of laws" the spirit the conclusion which how to pass through in the act of government.The fourth part: Right "the public interest" through the analysis government the promoter action and right "the private right" the protective function summarizes in "Reality of laws" under the background, the act of government should make what kind of adjustment from these aspects, causes it, in "the promotion public interest" and "protects the private right" between to obtain balanced. This article attempts from three aspects to discuss the act of government debugging the key to the situation, these three aspects include: First, obtains from the idea, mold government by law act of government idea; Second, obtains from the motion, to sharpen ability which the government handles matters legally; Third, obtains from the inspector general, to achieve as the law to depend on, strengthens the public opinion surveillance.