Tort Law Under The Perspective Of The State-owned Property Protection Problem Research

To strengthen the protection of public assets, especially the issues of protectionand management of the state-owned enterprise’ public assets, has become one of thefocuses of the current law makers. Due to the more frequent interaction between thestate owned enterprise and civilian life, the tort cases become more epidemic and onefocus of society. How to better clarify the status of the legal representatives within astate-owned enterprise and use its civil rights and legal responsibilities, hasdemonstrated its very importance in terms of protecting public assets. This articleanalyzes the areas of status, responsibilities and responding to lawsuits of state-ownedenterprise, compares the legislation of other countries and provides suggestions.Chapter one uses examples to demonstrate the problems and difficulties toprotect public assets and point out the problems of current legislation regarding theseareas.Chapter2analyzes the legal system of Civil-Law System and Common-LawSystem by using comparisons. In terms of legal representatives, this chapter comparesthe difference between a state-owned enterprise and a public representative and liststhe general regulations regarding the independent ownership. Between the legalresponsibilities of the employer and its staff, this chapter also focuses on employeeidentity and executive positions. In responding to a lawsuit, this chapter introduces thegeneral regulations of United States and Germany focusing on public prosecution andcivil lawsuit.Chapter3analyzes the current Chinese regulations regarding the clarification ofthe responsible when involved in a tort case. It also points out the boundary of theresponsibilities between the government and state-owned enterprise.Chapter4’s main focus is the response to a lawsuit. It mainly analyzes thepossibilities to deploy the public lawsuit, civil lawsuit and supervise lawsuit if theinvolved state-owned enterprise is reluctant to file a lawsuit. In terms of responding toa lawsuit, this chapter focuses on the responsibility and compensations Chapter5provides certain suggestions for legislation based on previous analysis,including clarifying the independence and property rights of the legal representatives,establishing a “supervise lawsuit+civil lawsuits” system.In conclusion, this article analyzes the legal protection activities regarding thestate owned public assets and urges the legal legislation to be improved.