On The Legal Nature Of Outdoor Space Resources And The Chartered Right Of Setting Outdoor Ads Facilities

The legal nature of outdoor space resources related to the legality of government’scompensated transfer of space resources by means of chartered use. Government and itsauthorized departments can only sell and charter use those public spaces beyond privatespaces that government has its ownership over the land and public buildings. The charteredright of setting outdoor ads facilities is a kind of chartered right in chartered use of publicposition and public space resources. Chartered user, also is the chartered right owner ofsetting outdoor ads facilities can be in possession and use of certain public positions andpublic space resources continuously and exclusively, and have the right to set outdooradvertising facilities on a specific public positions and public spaces. The chartered right ofsetting outdoor ads facilities belongs to one of chartered rights in essence. It is the use rightseparated from the ownership of public positions and public space resources and made bythe special permission. What is more, since its characteristics, quite different from personallaw property right, determine that it has definite public law essence and it is public laweffect right and that it belongs to public property chartered use right in public law. Thus, asa right in public law, the problems in the legislation and transfer of the chartered right ofsetting outdoor ads facilities must be addressed by the way of seeking public lawprotection from viewpoint of public law. On the basis of public law right, our countryshould establish the registration system of the chartered right of setting outdoor adsfacilities, promote chartered right’s institutionalization of the restrictions of theadministrative regulations, to regulate government behavior and set boundaries, proceduresand post-supervision and relief mechanism for the exercise of governmental authority. Alsowe should improve the administrative compensation system, to establish a system of publiclaw protection of the chartered right of setting outdoor ads facilities.