The Tendency of the concept and system of the rule of Chinese administrative law——Based on the analysis of implementation of the property law
Yang Jie-jun
Abstract
Yang Jie-jun
Abstract
The implementation of the property law has effect upon the protection of the private holder's property right and the concept and system of the rule of Chinese administrative law profoundly.On the concept of the rule of administrative law,we should be clear about the basis of the administrative rule of law,including public law and private law;As for the protection of the property right,the public benefit is not the priority,but the equality of the benefit of the public and the private.In dealing with the obligation to protect the right of citizens' private property,the government should be aware what must be done or not,according to different circumstances.On the system of the rule of administrative law,we should define the new administrative subjects and found an united real estate system of determining power,improve the system of Levy,Requisition and Compensation,build the system of use and management of official business,perfect the procedural justice and mechanism of participation and use multiple relief mechanism to prevent infringement of the right of people.Besides,to become attuned between the public and private legal system,we should establish the mechanism of the constitutional review.
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The implementation of the property law has effect upon the protection of the private holder's property right and the concept and system of the rule of Chinese administrative law profoundly.On the concept of the rule of administrative law,we should be clear about the basis of the administrative rule of law,including public law and private law;As for the protection of the property right,the public benefit is not the priority,but the equality of the benefit of the public and the private.In dealing with the obligation to protect the right of citizens' private property,the government should be aware what must be done or not,according to different circumstances.On the system of the rule of administrative law,we should define the new administrative subjects and found an united real estate system of determining power,improve the system of Levy,Requisition and Compensation,build the system of use and management of official business,perfect the procedural justice and mechanism of participation and use multiple relief mechanism to prevent infringement of the right of people.Besides,to become attuned between the public and private legal system,we should establish the mechanism of the constitutional review.
Key concepts: Private law, Public law, Administrative law, Law, Requisition, Obligation, Rule of law, Business