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Administrative Public Property
Author: HaoYiLin
Tutor: JiYa
School: Inner Mongolia University
Course: Constitutional and Administrative Law
Keywords: public property public interests use protection of public property
CLC: D912.1
Type: Master's thesis
Year: 2008
Downloads: 146
Quote: 0
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Abstract
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in modern society, the theory and practice building the government of law, service and responsibility has long been generally accepted. Therewith public administration,payment administration (welfare state)------the core element of this objective project,have been generally entered people’ vision. In the trail of payment administration, public property as the main important administrative means in administrative activities, is of great significance and value .This thesis deals with the public property law as one special field of the administration law from the perspective of the regulative and contrastive methodology. The research of the public property law is of great significance in theory and reality in modern China.This thesis is divided into three parts to give a detailed introduction to and analysis of administrative public property system. The author of this thesis holds that the administrative public property in Chinese legislature is referred to the public belongings which is utilized for public affairs or used directly by the public, and is the charge of the administrative subject as the representative of state, with the purpose to realize the public interests. The ownership of the administrative public property is not necessarily the administrative subject, that is, the owners of the administrative public property also includes other subjects, but whose ownership is limited, and the administrative subject is empowered to dominate it. With the development of social sciences in our country, compared with the traditional concept of the administrative public property, the present administrative public property comprises more varieties such as tangible objects, intangible objects, and other forms of public property because of the denotative extension of the property concept. The exploitation mechanism of the public property is at the core of the public property system, which is classified into mutual use and exclusive use applicable to different principles. The disputes caused by the use of public property take on various types, and the damages to the users of public property should be incorporated into the national indemnity liability. Finally, the author of this thesis gives an account of the present public property system, probes into the legislation mode of public property, and the protection of public property.
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CLC: > Political, legal > Legal > UNIVERSITY > Administrative law
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