Study On The Right Relief In The Use Of Public Property

The use of public property is the core value of public property,with the arrival of the administrative era,the use of public goods has been deep into all aspects of people’s lives.In order to adapt to the rapid economic and social development,the state shoulders the responsibility to provide more and more public property,citizens of the public demand and dependence is more and more obvious.In the process of public use,in recent years,there have been various cases of infringement of the rights and interests of public goods users,and in accordance with our existing legal system,but can not provide adequate relief.According to the present legal system of our country,the damage to the rights suffered by citizens in the use of public goods can only find the basis of the right remedy from the constitution,civil law,property law and other departmental law.In view of the fact that our country’s rights relief in the use of public goods is not comprehensive and imperfect,so in order to ensure that citizens in the process of public use of the rights are not infringed,in order to make this right to be inflicted when the relief,only rely on the existing law System is far from enough,the urgent need to establish a sound system of public welfare rights relief system.This article tries to grasp the concept of public property and its type,and make a macroscopic grasp of the use of public property and public property.On this basis,it analyzes the forms and problems of infringing in public use,sums up several common types of infringing forms,and analyzes the hidden legal and institutional problems behind the infringing form and the plight of right relief through concrete cases.On the basis of this,the author tries to find out the administrative procedural law relief of the right of public use,and opens up a way for the administrative litigation law relief of public use from the angle of accepting the scope of the case,the choice of the plaintiff,the choice of the litigation type and the state compensation.In this paper,the case analysis method is used to provide the practical support to the viewpoints of the text,and the comparative analysis method is used to judge and judge the different viewpoints of different scholars on the same problem,and draw lessons from the legal concept of general punishment in Taiwan,The practice of judicial practice,put forward the feasibility of the proposal.The research of this paper seeks to alleviate the rights in the process of public use.