Research On The New Property Under The Perspective Of Administrative Law

With our government changing the governing philosophy,the idea of westernadministrative service is gradually introduced to the domestic.And China’s overalleconomic strength is rising,increasing of government revenue,it makes the welfareadministration possible.The concept of service is also implemented by theadministrative subject in the process of governing public affairs in our country.Butthe administrative subject providing various of services and helping in his process isincreasingly being seen as a duty and obligation,the subjects must under take it.Andgetting the welfare and help also became a right of citizens.In1964, the professor of Reich published a paper called “the new property”,Uncovered the new of the property of its mystery.In this paper, Reich viewed gettingthe service and the interests of the help from the government, as the new propertyrights citizens directly.Thus,from the legal angle to revolutionized the privilegeview.The new property rights of citizens get more comprehensive protections,and thatit has the right to have relief.In this paper, pursuing the theoretical source of the new property theory, thethread of the history,looking for the new property to the theoretical source,development and clues, and the new property changing and development in the newcentury, under the developing environment of the theory.This paper first chapter detailed summarized the theoretical foundation of thenew property. Reich proposed the new property concept, it has been boycotted by thetraditional ideas from other people.Traditional ideas thought that this is a governmentgives privilege, not the rights of the citizens,but Reich published a few paperscontinuous,discussed the new property basis theoretical, fully demonstrated that thenew property right is the citizens right and non-governmental privilege.At the sametime, make a comparison of the old property and the new property,and interpretation of the new property in the implementation process to be followed in the four basicprinciples in detail.And get more connotation and understanding from the newproperty theory of its characteristics of the theoretical.The second chapter of the paper explains the main disputes in the new propertytheory existenced in academia.That is the subject of duty about the new propertytheroy,is it the taxpayers or the administrative organs?At the same time,the acceptobjects’ qualification is difficult to determine, the administrative subject provide anew property in the process getting heavy trouble.The administrative subject in orderto realize the new property rights,so it takes all kinds of survey methods to check theaccepters.Although its intention is not bad, but it is still condemned by citizens andscholars.The administrative organs become dilemma in this situation.Another disputeabout the new property owner is not sure,because the new property from governmentexpenditure,but these financial income are all from citizens and enterprise of paytaxes,so the new ownership of property rights have been still equivocal.This paper in chapter3described that,at present in the other countries,there aresome kinds of new property, compared with our country’s new property,thatbetween our country and typical European and American countries,there is a certaingap in the new property rights of enjoy and security.So we need to push theadministrative authorities continue to work hard to provide more and more securenew property for our citizens.In the fourth part of the article is mainly explains the great changes of the newproperty right and obligations under the contemporary international domestic newsituation.First,the government management power from the new property increasinglybecome powerful,gradually accepted the new property citizens of additional duty,ifthey want to receive the new property.And increasing the complicated applicationprocedures.The administrative organs of the power is more and more alienated to"theleviathan",gobbling other lawful rights from citizens.At the same time,because of the administrative contract collaboration betweengovernment and private,the private gets parts of public power of the management ofthe affairs,so they have been doubt inevitably by other citizens.In a variety of adversechange,it exists a positive changing,that is the property of the new type gradually expand.In the past,they were all the monetary form directly,and now,it becomes thequalification and the material objects simultaneously.This change reflects thegovernment various ways of service,conform to the trend of the development of theservice concept.The final chapter of this paper explains how to relief the new property rights ofthe citizens.Discussing traditional methods of administrative review,administrativelitigation and administrative compensation in detail.After that,Reference to theEuropean and American countries model in the new property rights to achieveprocess,increasing the hearing procedure, giving the citizens of the hearing right.Andwe could call for the administrative organs set up a system of Aftering the EventEvaluation System,and so that the citizens right of the new property can be realizatedin all methods.It lays a solid foundation to guarantee the people’s livelihood andconstructing the harmonious society.