On The Rule Of Law In The Acquisition Of Public Property In China

In China,public property is an extremely important material basis for supporting socialist construction and has a sacred and inviolable status.However,for a long time,the legalization of public property in China has experienced a serious "misplacement" phenomenon.Whether it is legislative practice or academic research,most of them pay more attention to the management and protection of public property,while ignoring the regulation of public property acquisition behavior,resulting in In the practice of public property acquisition,there are many violations of private property rights and competition with the people.With the continuous reform of China's fiscal and taxation system,the legalization of public property has achieved certain achievements,but there are still many problems.The path of public property acquisition of legalization needs to be optimized.The acquisition of public property as the logical starting point of the operation of public finances is related to the fair distribution of social wealth between the state and the people.It has always been the focus of the democratic and rule of law countries,and it is regarded as the construction of the fiscal and taxation rule of law and even the rule of law.The weight of the middle.The ways of obtaining public property in our country are diversified.There are both taxes and fees that rely on public power,and incomes obtained through market transactions.The acquisition of all kinds of public property is inseparable from the protection of public interest or private property rights.Therefore,under the goal of comprehensively promoting the rule of law and building a socialist country ruled by law,the rule of law in the acquisition of public property in China is not only related to the rule of law of the entire public property,but also whether the construction of the fiscal and taxation rule can adapt to the changes in the main social contradictions in China.The new era needs.Firstly,based on the theory of public trust,state-owned economy theory and public goods theory,this paper summarizes the necessity of obtaining all kinds of major public property,and proposes the concept of vesting standards and supplementing the use of standards to define the concept of public property in China.Secondly,it conducts a type analysis of the main ways of obtaining public property,and extracts the logic of the rule of law behind different ways of obtaining.Thirdly,by examining the status quo of the practiceof public property in our country,we propose the legalism,fairness principle and distributive justice as the path that must be followed in the legalization of public property in China,so as to improve the legitimacy of public property and give full play to the distribution of public property.Functional and financial functions,etc.Finally,the relevant suggestions are put forward in order to optimize the path of legalization construction of public property in China,in order to further improve the construction level of legalization of public property in China,help the rule of law of public property,and realize the fiscal rule of law at an early date.The goal of a country ruled by law.