Research On The Legal Issues In The Operation Of The Management Right Of Public Property In My Country

As a socialist country,China attaches great importance to public interest,but the research on public property law,which represents the public interest,is just in its infancy.In addition,most of the research on public property of public interest focuses on basic theory,use and damage compensation mechanisms,and there is little research on the management of public property for public use.Compared with the general administrative management right,the management right of public property for public use is more significant for protecting the public interest and avoiding the loss of public interest,as well as resulting in a"tragedy of the commons".However,there are few academic studies on the legal problems and reasons and improvement suggestions in the exercise of the right to manage public property for public use.At the same time,the practice department failed to solve the above problems.Therefore,the purpose of this article is to analyze the problems and reasons in the exercise of the right to manage public property for public such as national parks,highways,and sea areas,and to make some suggestions.The content of this article is based on the theoretical explanation of the concept,content,and particularity of the management right of public property for public,through the study of the national park field representing public property for public,including some national park pilots,such as:Sanjiangyuan,Wuyishan,Shennongjia,etc,and including local national wetlands,forest parks.Clarify the problems in the establishment,naming and definition,maintenance and protection,fees and penalties,as well as the widespread abuse and inaction of the park management?And analyze the reasons for the above problems,for example:the distinction between management rights and ownership of public property is unclear,comprehensive,procedural,and differentiated legislation is not perfect;the management.power is not coordinated between the central and local departments,and between vertical departments;Administrative internal supervision and supervision,social supervision and judicial supervision are imperect.Then,based on the analysis of problems and causes,the experience of national parks,a typical public property in the United Kingdom,the United States,and Germany,is drawn from and reflected on the different types of management rights.On the one hand,in the legislative model and the exercise of management power,it draws on the corresponding foreign experience.On the other hand,in addition to learning from experience,more emphasis is put on legislative and practical reflections based on the actual situation of the exercise of the right to manage public property for public in China.Finally,on the basis of the above research,some suggestions for improving the exercise of the right to manage public property for public use are put forward as follows:First,in terms of the basis for the operation of public property management rights,it is proposed that,on the one hand,the principles of promoting public welfare,interest coordination,power coordination,and service and differentiation should be established;The comprehensive legislation and the separate legislation are parallel,and the legal standards are regulated in three aspects to regulate the operation basis of management rights.Secondly in all aspects of the exercise of the right to manage public property for public,it is proposed to be a coordinate the subject authority of the right to manage public property for public,improve the procedures and standards for the exercise of the right to manage public property for public,and improve public property for public Opinions on how to exercise management power;Third,in the supervision of the operation of public property management rights,it is proposed to standardize judicial supervision by standardizing administrative internal supervision and supervision,standardizing social supervision,and playing the role of public interest litigation supervision and building a national compensation system for public property damages.