On the Protection of Private Property under the Administrative Law

Abstract: The protection of administrative law for private property refers to legal protection of private property rights of citizens from administrative law. Improvement of the administrative protection of private property contribute to promote development of the market economy, realize the fundamental rights of citizens and complete system of legal protection of private property formation. At present, China's administrative law to protect private property rights legislation have a lot of defects in law enforcement and relief system, such as the existence of laws in confliction with the provisions, the provisions of fewer types of private property rights, lacking of procedural requirements; ignoring private property rights by the main part of the executive, the phenomenon of abusing executive power, low quality of the law enforcement officers; imperfect administrative review provisions, the provisions of unreasonable administrative proceedings, the narrower scope of the executive compensation and the lack of a unified law. Inadequate protection of private property rights by administrative law has its own causes that lie in history, theory and other factors. Firstly the concept that personal interests is superior to the public interest play an important role; Secondly the impact of the planned economy has not fully eliminated by the administrative law system; Thirdly administrative system is affected by Management Theory. The public interest is not accurately defined and confused with the private property rights in administrative law. It is just regarded as private property. How to improve the protection of private property rights by administrative law? For one thing, the concept of establishing the value of property should be enhanced to protect the private property equally; For another thing, it is urgent to define the scope of the public interest to remove the relevant legislation, expand the scope of protection of private property rights and strengthen the legislative process in the legislation; Above all, the modern administrative law principle should be established from law enforcement. Administrative law and procedures both need to be strengthen. The supervision of the administrative power and improving the quality of law enforcement personnel is pressed; Finally, we should improve the administrative litigation system, extend the scope of executive compensation, and integrate several executive compensation law from the administrative provisions of the administrative review…
Key words: Private Property Right; the Protection of Administrative Law; Public Interest; Personal Interest