Interpretation And Refactoring: The Property Right Of State Organs In The "Property Law" Article 53

In our country, the public ownership is as the main body of the ownership composition, state-owned property owned by the whole people, the use of the state-owned property directly related with the interests of the state and people’s well-being.The state organs at the burden of important social management and public service functions, objectively requires a lot of state-owned property as the material means of its functions to perform.The property law in our country in the fifth chapter specifies the ownership and use of the state-owned property, specified in article 53 the state organs of state-owned property rights.However, it is a pity that law did not explicitly the nature and type of property right to the use of state organs, not famous of rights and explicit, directly led to the state organs of state-owned property using chaos and confusion on the judicial practice.Through the analysis of the nature of state organs to use of state-owned property and foreign national authorities over the use of state-owned property legislation example, I thought the Russian laws on business management with its unique legal structure has unique advantages in the use of state-owned property, is worthy of reference for our country.And through to the Russian law business management background, right nature, right object, right characteristics, research and analyze several aspects such as applicable subject, on the basis of its in the business management of the property law in our country the property right to the use of state organs in reconstruction, this famous of property right to the use of state organs in our country and the improvement of the power structure.There is a total of seven parts in this paper,in addition to the introduction and acknowledgement.The first part of the state organs scope and characteristics of property right of the object, through the study of Roman law, France, Germany, Japan, Russia and Taiwan area in our country about the use of state property law legislation to reveal the object scope of the state-owned property right of state organs and characteristics;The second part is the nature of the property right to the use of state organs in anatomy, mainly introduced about the properties of the property right to the use of state organs public rights, private rights and synthesis;The third part is on China’s "property law" article 53 state organs in the property right to the use of reading and reflection, pointed out that the property right to the use of state organs in the property law in our country the problems and causes;The fourth part is the introduction to Russia’s law on business management system, from the right background, suitable subject, characteristics and contents of the multiple angles such as comprehensive understanding for the power structure;In the fifth part of the property law in our country to build the path of the business management system, mainly from the property law in our country in the two aspects of the necessity and possibility of constructing business management demonstration was made;The sixth is divided into the property law in our country in the state organs to localization of construction business management system, and is combined with the reality of our country from the concept, right nature, right object, right content and right subject aspects to construct our country business management;The seventh part is the conclusion part, the definite "property law" in the business management system of state-owned assets under the premise of use will produce beneficial effects, put forward the building of state-owned property when conditions are ripe in the future using the idea of the unified management of the state-owned property.