Research On Rationality Of Restrict The Exercise Of Property Right

In view of the property right of exercise shall be limited by the legislative power or executive power, has a lot of doubt and disagreements. In reality, Beijing at the height of the car is limited to exist outside the line by administrative regulations system, which is administrative rules to limit the property right of the exercise. Caused the administrative rules and private property rights conflict, administrative law and exercise of the civil law conflicts. The paper focus on how to exercise more rational property right is limited, be helpful for the development of the property right theory research and perfected, theoretical value cannot be neglected. Academic and social will rush hour outside the car is limited to reflect the real line system interests and public interests of the society has a great game differences, and this paper relationship to the members of the society of important social material of property rights of exercise, the practical significance should not be ignored.At present, whether German law or Japan law, the property right system is based on a limit on the basis of private ownership. They are for private ownership and design center, the property right limit is free for the adjustment of the property right maximization. Obviously, the background and the public ownership system in our country economic foundation, the property of the state and the collective ownership is the core of the ownership system of basic national conditions make a big difference. And our country’s the private property rights to weak in the protection for the public interest, and how to balance the relationship between them, how to respect based on the national conditions, select the appropriate principles and on the mode of the property right is the subject of a difficulty. But the author will be based on the national conditions, attaches great importance to the property right legislation the investigation and research, the reference of foreign law as a supplement, transplantation and design conforms to the social demand of property right exercise about the limit of the system construction.The first part of this paper mainly analyzes the current situation of property right exercise limits, property right exercise has economic efficiency and limit the legal aspects of double value, the property right now has to exercise administrative document inequality and limit violation of law keep the principle, therefore, based on the protection and the public interests of the property right protection need to exercise the right. The second part of the property right exercise limit analysis on the principles that should be followed is mainly the equality of rights and protection principle, maintain the basic economic system of the principles and laws keep principle. The third part focuses on setting up the analysis of property right exercise limit system. The legislature follow the law approved by voting procedures and voting rules, this exercise property right and property right protection restrictions based on the relationship between each other, through the appropriate legislative action by the judge, who clearly identify and how to judge, assume that "public interest", to determine how to deal with the public interest and private interests, the principles and in what circumstances to right exercise limited the real relief measures. And then the administrative organs exercise real delimit limits of line, strict localization in the market failure of government authority, set up the protection of property rights of private service-oriented government ideas and right-responsibility adapting system.