关键词： 小区配套幼儿园, 公益牺牲, 社会义务, 财产权, 政策执行, 政策变迁

Abstract: The change of public policy is often difficult to realize because it is restricted by the property rights of private subjects,which affects the realization of policy objectives.This problem is reflected in the transfer policy of the matching kindergartens in urban communities.Because the original owners of matching kindergartens in urban communities have a long-term policy background to obtain property rights,and the transfer of property rights involves the impairment of their rights,it is difficult to implement the policy.The reason is that there is a conflict between the special sacrifice based on the needs of public interests and the social obligations of property rights.The boundary between the two is fuzzy.The application of the concept of regulation and promotion helps to adjust the relationship between them,making interest regulation one of the basic tasks of administrative law and then constructing the adjustment standard,with the principle of proportion,the principle of administration according to law,and the standard of retroactivity as the main content.In this way,the maintenance of public interests and the protection of private interests would be balanced as much as possible to achieve public policy objectives.

Key words: matching kindergartens in urban communities, public welfare sacrifice, social obligation, property right, policy implementation, policy change