Construction Of The Legitimacy Review Mechanism Of Public Property Charging Policy

Public property is a kind of thing which is directly used by the public and regulated by the administrative law for the public purpose.Public property,as a means of administrative subject,has not been paid enough attention to in the study of administrative law.The absence of the unified Public Property Law has caused many disorders in the field of public property,and made public property,which should serve the public interest directly,become a tool for seeking local interests.At present,there are a lot of complex and difficult problems in the field of public property,especially in the field of public property fees.To fundamentally solve all kinds of "chaos" in the field of public property charges,relying solely on the state's administrative orders can only "cure the symptoms" but not "cure the root cause".The most urgent task is to regulate the public property fee policy from the source and explore a set of review mechanism suitable for China's specific national conditions under the current system.Therefore,before the Public Property Law has been enacted,it is of great theoretical and practical significance to construct a review mechanism of the legitimacy of public property charging policy.Through the empirical research on 26 famous scenic spots in China,we can find that there are different treatments based on identity,religion,household registration and other factors,as well as pricing principles based on market supply and demand.Further analysis of the phenomenon of empirical research shows that there are problems of unqualified charging subjects,high charging standards and discrimination in the public property charging policy represented by scenic spots.These problems make the management and protection of public property deviate from the purpose of public ownership,and also greatly undermine the public interest.In order to clarify the specific model of the legitimacy review of public property charging policy,the nature of administrative approval of ticket prices in scenic spots as a basis for charging must be clearly defined.From the standpoint of distinguishing abstract administrative action from specific administrative action,administrative approval of ticket price in scenic spots adjusts the conflict of interests between consumers and operators,which should be regarded as specific administrative action and can be included in the scope of administrative litigation.The mode of legitimacy review of public property charging policy can be divided into different parts according to different subjects and different stages of review.According to the different subject of review,the mode of legitimacy review can be divided into court-based review mode,higher authorities-based review mode and Local People's Congress-based review mode.According to the different review stages,the model of legitimacy review can be divided into pre-review mode,post-review mode and pre-and post-review mode.However,considering the current power structure of our country,the legitimacy review of public property fee policy can not only rely on a single subject,and the review stage can not be limited to ex ante or ex post.In line with the ultimate goal of safeguarding public interests and guaranteeing the impartiality and neutrality of the exercise of power,the legitimacy review mechanism of the public property charging policy in China should be a pluralistic review mechanism,namely,the post-review mechanism with the court as the main body should emphasize the administrative litigation across administrative regions;the higher authorities should strengthen the post-review mechanism and open the channels to initiate the legitimacy review according to the application;the review mechanism with the Local People's Congress as the main body shall be respectively implemented by People's Congress at the corresponding level for pre-review and People's Congress of a higher level for post-review in light of specific reviewing stage.