Protection Of Human Rights In The Administrative Management Of Public Property

Administrative body,administrative acts and administrative public property constitute a system of administrative means to a person,behavior,and the three means of material.Especially,under the backgroungd of building a service- oriented government,public property as one of the administrative means plays an increasingly important role on several aspacts such as the government to provide public services, an active executive,for the public's well-being,and so on.To respect and protect of human rights were enshrined in the Constitution through the Amendment to the Constitution in 2004.However,the function of the administrative public property in the protection of human rights can not be replaced by any other means.However, there are still violations and possibility of human rights because of the non-standard management and the low-level legislation in the administive managent of public property.In order to make the administrative public property play its role more effectively in the protection of human rights,we should research the problems in the administrative public property management and seek the countermeasures.In view of my limited ability and level,this thesis is based on the protection of privacy under the public video surveillance as an example to explore this issue.First of all,it produces some of theories about the public property of administrative.The theoretical basis of the administrative public property is the theory about the division of the public and private law.Because there is no division of public and private law in these common law countries,there is no concept of the administrative public property.However,it does not mean that the executive does not exist in these countries.In civil law,the concept of administrative public property is also not unified,such as in Germany and Japan,they use the concept "public property" more.Chief public property in China is still an academic sense,not the language in the concept of Positive Law.But there are many rules about administrative public property in some of laws and regulations,such as the Constitution,budget act,highway act,railway act,land management law,coal law, electric power law,law of post,town planning act,measures for the law on protectiing military facilities,supervision of state-owned enterprises and property,enterprise property rights registration of state-owned assets management,etc.The features of administrative public property mainly reflect in four areas:power's scope and administrative body,the public nature of the purpose,non-auonnodation and the specificity.The management of the administrative public property which is belonged to the administrative body is a kind of maragement copmeteme for achieving positively the stetted mission of administrative public property or removing passively the obstacles of mission's reach.The scope of administrative public property mangement is broad,including the definition of the scope,new setting and rebuilding of administrative public property,preservation,construction and administrative measures on disasters recovery,ensuring administrative public property's fullness, removing obstacles,etc.The effects on administrative public property in the protection of human rights lie in the increasing people's life levels through seting public facilities,guaranting citizen's equal right.And the improvement and development of administrative public property also supplement the faults of market-oriented economy.Secondly,installing the camera surveillance equipment of which the prupose is to protect the public safe and order in the society,is belonged to administrative body's management.So they are belonged to the administrative public property.It has been becoming a more and more popular administrative management measure to install the public surveillance equipment.So all of our activities in the public are paid attention by those surveillance equipment.Is it necessary for us to protect our provacy in such an envirenment? It is "yes".Privacy is a kind of personality rights that natural merson's provate life and information shold be protected by law,not be disturbed,be knew,be collected,be utilized and be disclosured illegally,and the main power has the final that others should intervene his private life on some extent,whether he opens provate matters and the scope and extent.The public place is defined by the extend of its openning and its use.At present,we think the public places should accord with'commonality" or "public access",and just accord with either of them.In public places,it should be possitive to the reasonable expectation of privacy.Provacy is related to the achievement of private dignity,private free value,so we should protect privacy full6y though we are in public places.Thirdly,the public camera surveillance should be governed.At present,China has no centralized legislation,just one or two princes have made local code.To protect the privacy and the public camera surveillance,it should govern the instalation body,scope,monitoring technology of the public camera surveillance equivements and the pictorical materials through surveillance,especially in the non-whole openly public places,such as classrooms,office and so on.It must be strictly necessarily proved.The installation body is limited to the administrative body,which means the administrative organ and organizations authorized by laws and regulations.If it is not installed by administrative bodym,the administrative organ must strictly guarded,that is to say,to set strict examination and approval system.After installation,it should be put on record and the administrative organ also superivse strictly.The monitoring technology should be used carefully.The management of the pictorial materals obtained from the monitoring should be governed according to strict managing rules, including the legitimacy of propuse.The registration system of use,the management system of retaining proper image information,and the system of destructing information.Lastly,if there is right,then there must be relief.The last line of defence for right gurarntee is the judicial organ.So,the protection of the rights of privcy under the watch of the public camera,there should be the channel of judicial relief.There appears a lot of cases which are about the camera infringe upon privacy.The typical case is,the accusation against Shanghai Senior Middle School by Weigang.There is no denying the fact that our country is conservative about these cases.When there is conflict between public and personal interests,the latter one must give way to the former one.Comparing with american cases,we can see that the protection of the rights of privacy also experienced the attitude change from consevative to acceptive. Drawing on the experience of America,our country's judicial organs should think about the following aspects when they make judicial investigation on the rights of privacy under the watch of the public camera:the extent of the publicity of the place, the influence of the society,different people and the importance of the infringement extent.Seeing from the protection of the rights of privacy under the watch of the public camera,in order to strengthen the legislate regulations,the second one is to perfect the judicial relief.The legislate regulations are mainly about the standardization of the executive perform,that means we should ensure executive public property management must defend the public property,then by that,there will be laws for people to seek judicial relief when their basical rights are infringed.To perfect the judicial relief is to let the judicial organ do the best for the last line of defence,and maxically protect people's basic rights.