The State-owned Assets Public Litigation System

Our state-owned assets are strateqic resource and substancial carrier to develop socialistic market economy, owned to the whole people, economic lifeline of China. They are related to the economic safety and the whole interest of the country. And they are protected by the law. But in practice, all kinds of phenomenons, bringing on the state-owned assets running out, are emerging in endlessly. Even more and more new means appears endlessly, which resulted in great loss of the country. By our actual laws, only the subject whose personal interests are damaged can prosecute as prosecutor. It did a lot of harm to the benefits of the country, that the state-owned has runned out . But because our actual law is not perfect , it can not protect by the law ,especially adjective law. Unless the direct subject, whose benefits were damaged, prosecute to the court, the proceeding can not be started up. Other subjects can not prosecute these behaviors, which induce to running out the state-owned assets, so this kind of behaviors can not be punished bye the law. So we must consummate our actual law to change this phase to protect the state-owned assets. We all the government agencies, the social organizations, and the people should protect the public interests together by judicial proceedings, namely state-owned assets public litigation.The first part of the paper is a instruction, including the motivation and the meaning about this subject, the summarize of the literatures in the world, and the advantage and the disadvantage of the paper.In the second part of the paper, the state-owned assets public litigation is analyzed from four aspects. At the first aspect, the state-owned assets are the assets owned by the state. The second aspect is the actuality and cause of the state-owned assets running out. And then, the bug of the actual law in protecting the state-owned assets is lack of a rigorous state-owned assets law. Finally, the state-owned assets need the public litigation.The third part of the paper is the academic innovation of the state-owned assets public litigation from three aspects. Firstly, the writer analyzes the concept and character of the state-owned assets public litigation, linking to our public litigation theory. And then, it is introduced that the advantage experience of the state-owned assets law at abroad. So on the basis of the situation of China, we can establish a new mode of the state-owned assets public litigation, who span to the three actual proceedings.At last in the fourth part, the writer establish the state-owned assets public litigation concretely, including domination system, litigant system, proving system, and limitation of action system.