Property Right in Public Law——Focusing on the foundation,establishing elements and manifestation
Zhao Qing-lin
Abstract
Zhao Qing-lin
Abstract
Private-ownership in private property right should be interpreted as being privately owned instead of owned according to private law and therefore,private property right means the right in private law and in public law as well.The existence of property right in public law is based on the immediate application of private property right to administrative law in the Constitution and the specification of constitutional regulations in administrative law.Property right in public law can't be shown directly by norms of public law and duties of the subject and instead it should be established on the premise that the norms should at least aim to protect specific interests of private property.Due to the general place of the private in public law,the property right in public law can be generally divided into two main categories: negative and positive.
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Private-ownership in private property right should be interpreted as being privately owned instead of owned according to private law and therefore,private property right means the right in private law and in public law as well.The existence of property right in public law is based on the immediate application of private property right to administrative law in the Constitution and the specification of constitutional regulations in administrative law.Property right in public law can't be shown directly by norms of public law and duties of the subject and instead it should be established on the premise that the norms should at least aim to protect specific interests of private property.Due to the general place of the private in public law,the property right in public law can be generally divided into two main categories: negative and positive.
Key concepts: Numerus clausus, Private law, Public law, Property law, Public property, Law, Premise, Private property