On The Plaintiff's Qualification Of Civil Commonweal Prosecution To The Enterprise's Loss Of State-Owned Assets

Along with the deepening of China's state-owned enterprise reform, China's state-owned assets have been lost seriously. It becomes the hot issue that how to prevent the loss of state-owned assets effectively. The legal scholarship pays much attention on this problem. Although many scholars consider that the main reason of the present loss of state-owned assets is the lack of effective judicial protection, they support to establish civil public interest litigation system to compensate this defect. However, the study on the plaintiff's qualification isn't enough. This thesis advocates that the civil public interest litigation is the effective way to prevent the loss of state-owned assets. Since the core problem of public interest litigation is the plaintiff's qualification system of civil commonweal prosecution, it will be meaningless in preventing the loss of state-owned assets without researching deeply on the plaintiff's qualification. Therefore, this thesis bases on the problem of plaintiff's qualification system of civil commonweal prosecution which is focused presently to study the plaintiff's qualification of civil commonweal prosecution to the enterprise's loss of state-owned assets preliminarily.Except the introduction and conclusion, this thesis includes three parts and about 20,000 words.The first part discusses the broadening basis of the plaintiff's qualification of civil commonweal prosecution to the enterprise's loss of state-owned assets which includes theoretical basis, practical basis and legislative basis.The second part is the analysis about the broadening basis of the plaintiff's qualification of civil commonweal prosecution to the enterprise's loss of state-owned assets. It discusses the plaintiff's qualification of prosecution, citizen and public interest team from three aspects of jurisprudential basis, feasibility and the strong points. The thesis studies the relative case of the other countries while considers Chinese situation, then makes the conclusion that the prosecutors, citizens and public interest team of state-owned protection should be granted with the plaintiff's qualification of civil commonweal prosecution to the enterprise's loss of state-owned assets.The third part discusses the protection of Chinese plaintiff's qualification of civil commonweal prosecution to the enterprise's loss of state-owned assets and the prevention of abusing the right to file. On the question of the plaintiff's qualification protection this thesis studies how to protect the plaintiff's qualification of prosecution, citizen and public interest team from three aspects of incentive system, litigation fees and legislation. And on the question of abusing the right to file prevention this thesis discusses it from the points of the enterprise's litigation, litigation scope, court's examination and the limitation of the plaintiff's right to disposition.This thesis considers that as the society develops the establishment of commonweal prosecution system will be necessary. And the prosecutor, citizen and the public interest litigation team will be the main parties in the enterprise's loss of state-owned assets litigation.