Study On State Asset Litigation

Our country's state asset is the precious strategic resources and the important material carrier of the socialist mraket 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. Stateowned property's running off is a hot social problem in recent years, but 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. Many law scholars pay much attention to this problem, but most scholars inclines to do lawmaking counterplan research which protect stateowned property, they do not pay enough attention to the judicatory protectiong of stateowned property's running off.This article will use useful and important materials on public interest action to discuss the judicatory protectiong of stateowned property's running off further ,and then make a first step to study the protecting stateowned property through public interest action.In Chapter One, the writer analyse theoretically the State asset Litigation from five aspects. First, briefly introduce 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 Public Litigation is the essential protect method of public interest; Next, analysis the state asset Litigation's implication and the characteristics specifically.In Chapter Two, the writer elaborates the feasibility of establishing public interest litigation of state-owned assets in three aspects: function of public policy formation, function to create rights and economic function.In Chapter Three, based on the general conditions to bring proceedings and the successful experience of foreign judicial, the writer indicates that the plaintiff of public interest litigation must be diversified and the procedures to bring proceedings must be set according to the cases' actual situation and China's national conditions. Proceedings must be limited to aim to protect the interests of the state-owned assets and can be taken once they are fulfilled with the following conditions like definite defendant, existence of offence and being under the jurisdiction of the court. As for the difficulties public interest litigation might confront, the writer proposes several ideas and gives some suggestions about how to prevent abuse of power litigation, like setting pre-litigation review process, implementing special proof responsibility, taking clined cost of litigation, setting up reward system of public interest litigation.