Study Limitation System Of Public Interest Litigation In State-owned Assets

Establishing the rational social order of transaction is one objective of the law, and justice is also its eternal objective. In the different systems of law, the emphases of law's pursuit value are different. Which choice should be made when there is conflict between the state properties' public welfare defend for justice (social integrated interests) and the litigation prescription system defend for social order of transaction? Apparently, order of transaction should be emphasized, in other words, the claims of state properties in public welfare should be restricted by litigation prescription system. Because the essential purpose of the establishment of litigation prescription system is to set up a rational social order of transaction. However every bean has its black, there are exceptions in some cases, the claims such as the rights of claim for return of property only can be owned by the state does not apply to the litigation prescription system.As for the design of litigation prescription system, the differences between state properties' public welfare and traditional litigation as emphasizing protecting state property (as a social property ), the people who haven't direct interests with the case being also endowed with litigation qualification of state properties' public welfare would lead the state properties' public welfare to have a litigation prescription system differ form that of traditional civil law. For example, the time of prescription should be set above 20 years and the the time of prescription starts from the oblige (including the people who haven't direct interests with the case) can or should exercise litigationg rights, in other words is that the the oblige know or should know that social integrated interests (state properties) is be infringed and no external obstacle exists.