On The Establishment And Realization Of Principles Of Administrative Law For Public Property Utilization

The research of public property started late in China,and many public property utilization problems have not been effectively solved.The construction of public property law is relatively lagging,and the research on public property theory is relatively insufficient.The current public property legislation focuses on the protection of ownership and ignores the realization of values of public property.Sufficient attention should be paid to the research of public property,and the study of the principles of administrative law on the use of public property can play a guiding role in this field.From the perspective of the legal relationship of the use of public property,the administrative act as an object is essentially an administrative act on things,and it is also a specific administrative act.the understanding of the characteristics of public goods is relatively limited.It has not been able to reveal that the attribute of “public” is the essential characteristic of public property.The basic idea of administrative law has shifted from regulatory administration to service administration.The principle of the administrative law on the use of public property has inherited the value goals and system of the basic principles of the administrative law,and has further developed.Since the right to public property use and the management of public property are opposite and unified,the personal interest and public interest are intertwined,on which the principles are established with distribution justice as substantive standard.The principle of public service is the guiding principle in the use of public property.Public interest is the core of public service.Public service depends on the means of public property,and public property plays an indispensable role.The principle of rights protection emphasizes the protection of the rights related to public property use,the right of neighboring public property,and "residual property rights",and prohibits the abuse of rights.After all,public interest is realized through personal interest,and it is also the proper meaning of public interest to protect individual rights.From the perspective of public property management right,the principles of reasonable utilization and efficient utilization put forward specific requirements.The principles of reasonable utilization include the use of public properties in line with the purpose of public properties,equal use of public properties,and the principle of proportionality.In order to achieve efficient utilization,fees can be charged.,A cost-benefit analysis should be carried out before making decisions on public property,some preferential treatment,private use or use charge can be made.The principle of administrative law on the use of public property should be guaranteed in public property legislation,administration and justice.The principle of administrative law on the use of public property can promote the unification of public property legislation,and have the value of stability,coordination and optimization.In terms of administrative application,administrative agencies are required to actively perform payment obligations,protect the use of public property,and at the same time play a role in restricting the exercise of management of public property.In terms of judicial application,the principles provide theoretical support for judicial access to administrative litigation in disputes over the use of public property.In judicial adjudication,the principles on the use of public property can be used as a tool for reasoning or filling legal loopholes.