Research on the System of Beneficial Rights

Author: Wang Xiaoxian
Publisher:
Publish Date: 2006-11-01
Features: Since the reform and opening-up, China has achieved remarkable results in industrial production and the development and management of resources, strongly driving the long-term rapid development of the entire national economy. However, the deep-seated reasons affecting production and social life still lie in the fact that the right attributes of property rights for many items have long been difficult to clarify in law, leading to disputes that are hard to avoid and even difficulties in coordinating the interests of local and departmental levels, with rent-seeking activities lurking in the shadows. China has long implemented a single state-owned system in many fields, which has become the foundation of the entire ownership legal system in the country. Local governments and administrative departments only have administrative powers and do not possess ownership of state property. However, economic activities must be carried out by a specific civil subject to be integrated into the market economy. This requires the government, representing the state, to grant the right to use state property to specific civil subjects in various ways. Thus, the question arises: what is the nature of these powers granted through administrative permits? Current legislation does not provide a clear stipulation on this, leading to a lack of uniform understanding among people regarding the attributes of these powers. In fact, this is a major issue that cannot be avoided in the field of usufruct rights. Since the reform and opening-up, China has achieved remarkable results in industrial production and the development and management of resources, strongly driving the long-term rapid development of the entire national economy. However, the deep-seated reasons affecting production and social life still lie in the fact that the right attributes of property rights for many items have long been difficult to clarify in law, leading to disputes that are hard to avoid and even difficulties in coordinating the interests of local and departmental levels, with rent-seeking activities lurking in the shadows. China has long implemented a single state-owned system in many fields, which has become the foundation of the entire ownership legal system in the country. Local governments and administrative departments only have administrative powers and do not possess ownership of state property. However, economic activities must be carried out by a specific civil subject to be integrated into the market economy. This requires the government, representing the state, to grant the right to use state property to specific civil subjects in various ways. Thus, the question arises: what is the nature of these powers granted through administrative permits? Current legislation does not provide a clear stipulation on this, leading to a lack of uniform understanding among people regarding the attributes of these powers. In fact, this is a major issue that cannot be avoided in the field of usufruct rights.

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