On The Litigation - Related Administrative Judicial Protection Of The Public Domain

When a state participates in managing activities through the market under the market economy,"the state"in practice becomes in the civil idea"the state"and a private subject like an individual participating in the economic affairs. So it must be"No uniform, and appear as a common citizen status". However, whether the administrative public property(APP) those special civil subjects possess can be the property foundation for them to bear civil liabilities comes into a difficult problem, for APP is very important for them to administer affairs according to law .Once the government goes into debt, theoretically the government has debt priority, because the administrative public affairs can not be operated in the creditors'power .Comparing the public affairs operation with the governmental credit, esp. the priority of the government's being out of the control of common execution measures , the prior should be more important ,to which universal attention is paid in those ripe law governing countries and areas where market economy develops well . On compulsory civil execution ,every country has limiting and excluding regulations for the objects of exercising property .Our country now in an important stage of social reformation, the substantive debts in the market process has become a hidden danger that the state and her departments bear during the process of managing and participating in the market activities. Neither theoretically nor legislatively, no integrative or formal APP system exits in our positive laws; and what our country has to face in the judicial practice is how to further protect both APP and the rights and interests of the creditors. In the text ,whose theoretical frame is based on the APP system of comparative jurisprudence ,the author ,by researching on the character of no compulsory execution of APP , try to find the countermeasure to protect APP and the rights and interests of the creditors, analyzing the embodiment of the APP system in our country's compulsory civil execution and the difficulties exiting in the present court's execution. .