Research On General Use Of Public Property From The Perspective Of Civil Law

Free passage on the roads; having fun at parks, attractions and the beach; enjoying the fresh air and having pleasant sensory experience in the afforestation of city, these are all the general cases representing the use of public property which are closely related to people’s daily lives. When the population is sparse and the resource is sufficient, individuals can make full use of the welfare brought by public property in a more self-sufficiency and relatively independent lifeway. However, with the development of social economy, the problems like the population boom, lack of resources, and the growing social dependence become more prominent. This change of lifestyle not only makes the supply of public property tight but also the management stretched. The tight resource and lack of management lead to the uneven protection of different interest from different parties. Moreover, the lack of system deepens the conflict of interest. Under the principle of Waste Not, How can we realize the destination: to maximize the benefits of the public property so that the government can keep its words to citizens? Under the existing legal background, how can we reconcile and resolve disputes to safeguard the legitimate rights and interests of the public so that they can make use of public property? Based on the above issues, in the transition period of The Property Law, this article will use duality of perspectives to deliberate the general utilization of public property included in state-owned property in Civil Law latitude in order to provide some good ideas for the construction of the use of state property protection mechanism.In addition to the introduction and conclusion of this article, the body consists mainly of four parts. In the first part, this article starts with the definition of public property and its general utilization to explore the basic values of the public property and lay the foundation for the following parts. The second part is to sort and analyze related theories and doctrines about the general use of public property outside the system in order to have a more in-depth understanding of our own and thus provide a useful reference for the construction of the system in our country. The third part starting from the analysis on several typical cases, reviews the problems of general use in judicial practice situation in our country and summarize the main problems in disputes, and to explore the causes of these problems. In the fourth part, combined with analysis of the first three parts of the general use of public property, the author tries to clarify the legal status of the general use of the property right of personality and the specific relationship of rights and obligations.