The Legal Protection Of Property Rights Theory Of Our Citizens

The public property system is constituted by a series of system which is related to the set, management, replacement and use of the public property. As an important means of administrative payment, how to protect citizens’use of the public property is the core. How to provide protect citizens’use of the public property in law is the subject of the study of this paper.This article is made up of three parts. The first part is the theoretical analysis of the citizens’right to use the public property. Firstly, define the concept of the property, then illustrate the meaning of the right, specifically including three parts, the definition and form of the use of public property, the meaning of the right, and the rules which should be followed. Lastly, the relationship between the authority and the right will be analyzed.The second part is the examination of the rights protection system. Firstly, analyze the state of the legislation of the rights protection system. The source and characteristics of the legislation will be revealed. Then, a few typical examples in the field of road will be listed to reveal some practical problems in the right protection system. The management power often violates the right by the acts of setting and abolishing the property, developing the using rules, permitting special using of the property. Lastly, analyze the reasons of the problems.The third part will research the basic path to protect the citizens’right of using the public property. Firstly, improve the legislation to protect the right and constraint the power. Then, provide effective relief for the right. Administrative remedies and judicial remedies are included. The theory of administrative acts toward objects must be invoked. The judicial relief has many particularities in the scope of prosecution, plaintiffs qualification and dispute resolution. Lastly, how to establish the property polluter state compensation system will be discussed.