On Legal Issues Of State Asset Litigation

Our country's state asset is the precious strategic resources and the important material carrier of the socialist market economy, relating to country economic security and the overall benefit, is the national public property, belongs to all the people, receives the legal protection. It is more and more important to supervise and protect the state asset under the course of the rule of law. In current situation, each kind of all forms the phenomenon which causes the state asset to drain emerges one after another incessantly, the method renovates unceasingly, also has the increasingly fierce potential, causes national the economic to suffer significantly lose. According to present legal stipulation, only then own legitimate rights and interests of the citizens, corporations or other organizations suffer from the violation, they can file the lawsuit as the plaintiff to the court. The state asset drains creates the social public interest to suffer from significant harm, because our country lacks this aspect of procedural legislation, only if has the direct formidable sponsor to sue, otherwise the legal procedure is unable to start. Anybody or the organization have no right to cause the behavior which drains to the state asset to the court to file the lawsuit, causes this kind of behavior legal sanction can not obtain due legal sanction. Our country lag behind seriously in this aspect research and legislation, although in some basic laws explicitly stipulated this kind of irregularity behavior and feasor should undertake legal liability, but because lacks the corresponding procedural stipulation, causes the protection of our country's state asset come up with difficulties, the social public interest maintenance is unsatisfactory. In order to reverse this kind of aspect, we must establish one kind of system from the law to support and confirmation, namely must by the state agency, the social organization and the general citizens maintains the public interest together, protects the state asset, at the same time safeguards through the judicial process, namely must establish take protects national and the social public interest as the goal of State asset Litigation.In the first part of this article, the author analysis theoretically the State asset Litigation from five aspects. First, briefly introduced the public interest and the Public Litigation, the public interest is a national and social public in a specific time, the specific condition and the specific question is significant and the basic interest, the PublicLitigation is the essential protect method of public interest;Next, analysis the state asset Litigation's implication and the characteristics specifically;Then, analysis the challenge from State asset Litigation to the traditional lawsuit theory;Once more, provides the basis foundation of the theory and the reality angle for the State asset Litigation;Finally, carried on the state asset Litigation and our country present three kind of lawsuits system a similarities and differences comparison.In the second part of this article, the author quotes overseas through the public welfare lawsuit protection state asset aspect related procedure and the advanced experience, including America, England, France, Germany, Japan and so on. Although these countries explicitly have not all stipulated existence of State asset Litigation in the law, all the varying degree has this kind of protection state asset of the form in the practice. Through to related national this aspect situation the introduction and the comparison, establish regarding our country conforms to own national condition state asset Litigation have the extremely important model significance.In the third part of this article, the author proposed some suggestion from several aspects to our country's State asset Litigation system, including emend and summate the relevant laws and regulations, strengthening state organization and the social surveillance, the determination reasonable feasible judicature examination system, the expansion including the revision files the lawsuit the plaintiff scope, the establishment files the lawsuit the drive mechanism and so on.