Research On The Balance Of Rights And Power Regarding Administrative Public Property

In the process of building the rule of law in China,public administration has gradually change the mode into service administration and negotiation administrative.The public property,which cannot be ignored,is the means to support the operation of the government,and it can be said is the operation of the state lubrication Agent.Administrative public property is closely related to the public management and people's lives,the operation of state power needs financial support,infrastructure construction,welfare,water resources,mineral resources,scenic management and use,tax payment,etc.,are all belong to the scope of administrative public property.The legal relationship between the production,management and use of the public property is complicated,and from its essence which cannot open around the relationship between rights and power.If the rights and power of Administrative Public Property are difficult to achieve a balance,it is prone to the abuse of power against the public's rights,the purpose of public property is difficult to achieve.The public property has an important role in social life,but it is not reflected in the theory and practice of administrative law,the theory is less,the law is not systematic and integrity.The right and the power of the legal relationship in the theory and practice was imbalanced state,power supervision mechanism is not enough but has strong position,right safeguard system is less and in a weak position.This article mainly interprets the construction of administrative public property on unbalance and balance of right and power through four parts:from the perspective of the relationship and the content between administrative public property right and power,operate the imbalance state,in order to find the appropriate path of building balance mechanism.The first part,analyzes the theoretical and practical value of the balance of rights and powers in the field of administrative public property from the perspective of value analysis,As the subject of this article starting and purpose.Its value lies in improving the theoretical system of administrative public property,guaranteeing the right and supervising power,improving the public law and supervising the administration of public administration.The second part,balance theory can be used as the administrative power of the relationship between the right to study the right way,the administrative power of public power only to achieve a balance in order to make the public purpose of the public to achieve.Balance theory as the basic theory of administrative law,focusing on the relationship between executive power and citizenship,the study of the rights and power of public property has theoretical significance,through this study to improve the public property theory,clarify the rights and power allocation of public law.The realization of power supervision and rights protection has important value.The third part,mainly analyze the empirical investigation and reason of the imbalance between the law relationship of public property rights and power.To explain the equality and asymmetric structure existence of the public property,the incomplete legal code of public property.Through the law and the case to e analysis the lack of the Public interest litigation and State compensation.At the same time,to analyze the reason for the imbalance,mainly for the practical paradox and logical defects and the deviation of the practice.The fourth part,puts forward the legal conception of feasibility for the imbalance on public property rights and power.Through the protection of the rights of public property and power to narrow the gap,seek cooperation and establish the public property law.Construction the public litigation system and national compensation system of Administrative public property to strengthen the supervision of the public power management and usage rights to public relief in order to protect the public property rights,and achieve a balance.The innovation of this paper is based on the practice,to sort out the legal relationship of property rights and power,analyzing the content,and the imbalance exists in the legal practice.With the help of the basic theory of administrative law-balance theory as the guiding principle to achieve a balance state.Give a bedding of the important theory of administrative law theory of public property theory.