A Study On Excessive Restricting Private Property Rights For Public Interest In The Local Legislation

There are many similar legislation which restricting the use of private property in recent years. The Agency’s strong position, the broad interpretation and reference of the interest of the public in the legislation, compress individual rights. Historical experience has shown that society has a good protection and respect for private rights, the people’s awareness of the protection of public interest will be stronger. They know that the protection of public interest which is the maintenance of their privacy rights, overemphasis on the public interest is bad. New legislation law gives more city legislative power. At past, government relies on red tape governing which is full of random. It will be transferred by law. That is improvement, but not enough.We need to improve the practice of local legislation. Market with its efficiency meet the unlimited pursuit of human.It flowing with the profit of human nature. Market can lead to effective allocation of resources, its greed can also be enlarged.Human laws enacted by the Government as a representative constrained market negative effects. This balance between freedom and rationality which have been testing the human intellect. We need legislative have the greatest good to restrict the right to privacy, rather than meet the power’s intention.For efficiency, the market won. For efficiency, the market failed. Protection of private property rights, can strengthen market vitality, social living sense of security, a sense of psychological equilibrium, social equality, and enhancing the capacity of members of society to cope with economic and social change. Good legislation can promote citizens consciously abide by law and uphold the authority of the law.By analyzing the Zhuhai city limits around the electric bike and license plate restriction cases, we can find reason. Make public interest more clearly,Consolidate the basic concept of public interest, balance with private right.Through the system construction and public service oriented government construction, make the limit in the range of reasonable and lawful.