Discussion On The Remedy About The Utilization Of The Public Property

In the modern society,constructing service-oriented government has become the mainstream of every country’s political reform and development trend.Fundamentally,the concept about service-oriented government requires administrative organs to change their functions and to increase supplies for the society,so as to better meet the needs of social public.As "the means of material"of administrative activities,the public property carries administrative organs’ important mission to supply life-care for the public.Protecting the public’s rights to utilize public property and building a perfect public property infringement remedy mechanism are the keys to implementing above important mission.Throughout theories and legislations of major developed countries,researches of property system have achieved certain results. And on the issue of remedies about the utilization of the public property, the major developed countries have formed remedy approaches,such as residents’ lawsuit and the state compensation for the public property’s damage,and remedy means,such as general pay judgment and preventive stop judgment.In contrast,researches of the public property system in our country are just getting started,and on the issue of remedies about the utilization of the public property,there are disputes in theory and blanks in practice.Firstly,academics lack correct understandings of the basic theory, such as the definition of public property,the nature of the utilization of public property and so on,which results in ignorance of relative remedy issues. Secondly,academics’ studies on the duplex structure of the legal relations of public property’s utilization are not enough,and rights’(or powers’) configurations, relations and nature about the legal relations of public property’s utilization lack of in-depth analyses,which lead to the misunderstandings about the remedy objects and systems.Finally,when academics study on the various and complex infringement forms of public property’s utilization,the importance of types of thinking is often ignored,and types of infringement forms as well as the systematic remedy mechanism do not form. In the structure of this article,I discuss the remedy about the utilization of the public property by the following ideas:Chapter Ⅰ introduces basic theories of public property.Definite the public property,laying the foundations for later analyses by making extensive use of public property instances;respectively discussing from perspectives of current research situation and historical evolution,the nature of the utilization of the public property being explored and revealed is complex-subjective public right. There must be some remedies for protecting our rights from infringement.Chapter Ⅱ introduces the remedy objects of the utilization of the public property.The remedy is generally considered as "second level" right,and rights(that is,original rights or "first level" rights),as the remedy objects,exist in certain legal relations.In the legal relation of public property’s utilization,in order to know whose rights and which kind of rights having been violated and requiring remedies,it is necessary to analyze rights’(or powers’) structures of above legal relation.Rights with different nature follow different approaches to remedy,and powers do not need remedy.Chapter Ⅲ introduces the remedy’s present situation of the utilization of the public property.The infringement forms of public property’s utilization,which are diverse,may be different because that the stage of public property’s operations, behaviors of infringement and types of subjective public rights violated are diverse.Analyze the infringement forms about common-used public property in its established, maintained and repealed stages as well as the main infringement forms about administrative-used public property.Discuss the current bottlenecks of remedy approaches and remedy means.Chapter Ⅳ introduces the improvement proposals of the utilization of the public property’s remedy system.On the improvement of remedy approaches,propose improvement proposals respectively within and beyond the administrative litigation remedy. On the improvement of remedy means,emphasize the improvements of existing remedy means and the creations of current lacking remedy means.