我国财政公产的法律归属研究
发布时间：2019-04-25 20:08
【摘要】：在我国的法律条文与案例中罚没收入上缴国库的表述很多,法条的规制意义自不待言,但其归属于谁确是财产的首要问题。行政法学针对罚没收入的理论概念界定为财政公产,财政公产的归属存在几种学说:行政主体私有说、公所有权说、概括管理权说以及公共信托说,我国因法律规定不明确而导致财政公产所有权主体不明,但直接将其归于行政主体所有又不利于监督与救济、公益目的的实现。明确财政公产的法律归属有益于进行法律规制,实现财政公产的法治化路径要求。
[Abstract]:In the legal provisions and cases of our country, there are many expressions of the forfeiture income handed over to the national treasury. The regulation meaning of the law is not to be said, but who belongs to the property is the primary problem. The theoretical concept of administrative law to punish and confiscate income is defined as financial public property. There are several theories on the attribution of financial public property: the theory of private ownership of the administrative subject, the theory of public ownership, the theory of general management power and the theory of public trust. Due to the unclear legal provisions, the subject of the ownership of public property in our country is unknown, but it is not conducive to supervision and relief and the realization of the public interest purpose by directly attributing it to the administrative subject. Making clear the legal attribution of the public property is beneficial to the legal regulation and the realization of the legalization of the public property.
【作者单位】： 山东大学法学院;
【分类号】：D922.2
本文编号：2465419
[Abstract]:In the legal provisions and cases of our country, there are many expressions of the forfeiture income handed over to the national treasury. The regulation meaning of the law is not to be said, but who belongs to the property is the primary problem. The theoretical concept of administrative law to punish and confiscate income is defined as financial public property. There are several theories on the attribution of financial public property: the theory of private ownership of the administrative subject, the theory of public ownership, the theory of general management power and the theory of public trust. Due to the unclear legal provisions, the subject of the ownership of public property in our country is unknown, but it is not conducive to supervision and relief and the realization of the public interest purpose by directly attributing it to the administrative subject. Making clear the legal attribution of the public property is beneficial to the legal regulation and the realization of the legalization of the public property.
【作者单位】： 山东大学法学院;
【分类号】：D922.2
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