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Research on the Legislation of Chinese Public Utility Facilities

Author: ZhaoLinLin
Tutor: XiaoJinMing
School: Shandong University
Course: Constitutional and Administrative Law
Keywords: public utility facilities service administration administration by law
CLC: D922.11
Type: Master's thesis
Year: 2008
Downloads: 154
Quote: 1
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Abstract


For a long time, laws on the public utility facilities have been ignored by administrative law circle. The present researches mostly concentrate on the state compensation for people injured by public facility and ignore the service administration-the essence of modern administration. The researchers did not attach enough significance to the social service function of public utility facilities. The existing researches concentrate on economics, economic laws, civil laws and public administration, so it is necessary to analyze it from administrative laws. The focus is not the state compensation, but the protection of public interests by doing the prevention work well. Because the related researches are at the starting phase and researchers do not cooperate with each other, the following problems exist, such as limiting law supervising researches in one field, lacking the general introduction and principles of regulating public utility facilities. Theoretical problems lead to the fact that there are no laws of dealing with people injured by public facilities. Therefore, it is necessary to research on public utility facility administration not only because of administrating by laws, but also because of shaping service government and improving administrative ways. It is both significant in theory and in practice.Starting from one case, the author tries to construct a theoretical platform for public facility administration by analyzing the operation of public utility facilities. The purpose is to provide policy suggestions for the administrative laws on public facilities from the aspect of public laws. The whole paper consists of four parts. The first part is about the basic theories of public facility administration, including the analysis of some similar concepts. Based on these concepts, the author analyzes the administrative laws on public facilities and explains different parties’ rights and responsibilities in administration. The second part is to introduce theoretical research fruits and experiences in other countries and regions. The author analyzes the public utility facilities in France, Germany, Japan and Taiwan of China according to public property theories, the status quo of the existing researches, and the reform about basic public facilities, in order to provide references for China. The third part is to make an empirical analysis on Chinese public utility facilities, find out main problems, and provide suggestions on rule by law. The last part is the key part and also the author’s innovation. Based on the above-mentioned, strategies on public utility facility law are put forward. First, it is to reshape the concepts on public facility administration and put forward the concepts of administrating by law, service administration and administration procedure. Second, it is to improve the related systems, including openness of information in the field of public facility administration, the public hearing system, the assessment of administrative service, the channel of the right-related judicial relief and investigation of responsibility. At last, it is to constitute a law on public utility facilities. As a kind of administrative way, public utility facilities play more and more important role in modern society. Administration by law is an important index of assessing the government’s service function. It is hoped that the paper can contribute to the development of public utility facility administration.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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