The Application Of The Public Easement System In The Balance Between Public And Private Interests Of Immovable Property In China

Immovable property as "property law" for a "material",basic resources is the development of the whole society,in other words,the immovable property itself contains both personal and social,personal and social public to the immovable property has its the pursuit of the interests of the individual interests for the public interests.Because there is a special property right system in our country,some cases of real estate ownership and right of use is the phase separation,in China's land management system,can have a private ownership housing,but also does not have land ownership,only by way of legal provisions to obtain land use rights.Then the same real estate on private rights may conflict with the public power on behalf of the public interest,now the sustainable development of the social productivity makes the public demand for public infrastructure is that people grow with each passing day,the momentum of private racing together bridle to bridle to enhance the awareness of rights protection,which makes the real estate in the field of public and private interests conflict and contradiction.Based on a variety of factors,the public may for the private real estate interest demand,then private real estate will appear on the conflict between personal interests and public interests,in the framework of China's current legal system,solve accepted this contradiction in the usual way,namely through the collection,private real estate property rights completely transferred to the hands of the main power.To some extent,the collection system confirms the existence of real estate,but also provides a solution to solve the conflict between public interest and personal interest.However,in the real estate interests structure analysis,is the public interests and personal interests are not all cases between rejection,when individuals of real estate to pursue benefit and the social public to the real estate in the pursuit of the interests of different levels and do not affect each other,the situation of interests if this possibility exists to achieve,to deprive individual property rights exclude personal interests,is the inevitable result of excessive expense of private real property rights,and blind expropriation will not only result in excessive infringement of private property rights,but also consume a lot of money,eventually lead to "public interest" as an excuse the alienation of public power expansion.So for the public and private interests can coexist in the same real estate situation,does not need to be completely deprived of the right of private property rights of the individual out of the real estate and personal property rights should be respected and protected,it can introduce a consultation mechanism between public power and personal property rights,allowing people to participate in to the use of the real estate demand,real estate rights transfer part of their own rights rather than ownership to the subject of public power to enjoy,in order to achieve the purpose of public administration.In this way,it named "the public easement system".To public and private interests can exist on the basis of the conflict of interest between public and private interests conflict and exclusion.Conflict of interest,leads to clashes between private interests and public can not only be imposed as ways of problem-solving should be based on the type of conflict,for conflict of interest can be both public and private two party should take into account the interests of the main advantages of argument to the public easement system to solve the problem,and to specific examples as the sample demonstrates the public easement system is rational in China is.