State-owned Assets Supervision And Administration Shall Be Investigated For Executives To Encroach On The Civil Liability Question Research Of State-owned Assets

In China, the state-owned enterprise which is an important way to participate in the economic activities as a private right subject, and which is the main body of the operation of the socialist market economy, is a strong pillar of the national economy. There is a serious phenomenon that a poor temple has a rich abbot in the state-owned enterprise, whose executives make use of internal control force to infringe the state-owned assets. In generally, the kind of infringement behaviors of them are only to be investigated for their criminal liabilities and administrative liabilities, but are rarely to be held their civil liabilities. Then, after they being held the criminal liability or administrative liability, there appears a ridiculous phenomenon that they legally enjoy the civil rights and interests through illegally infringing the state-owned assets. It is worrisome that the leaders of the state-owned enterprises do not exercise or indolently exercise the civil litigation rights. In order to solve this problem, the author comparatively analyze criminal with civil procedure, civil supervision and prosecution procedure, the procuratorate public interest litigation procedure, as well as the SASAC of shareholder representative litigation procedure. In conclusion, the SASAC of shareholder representative litigation procedure can more directly, more effective to solve the above problem.The author puts forward the problem through the case that the state-owned enterprise executives Liao Liwei in prison are still legally entitled to huge bonuses. The paper is mainly divided into the following three sections:The first part of this article, the author analyzes legislation present situation of our country, Who can hold the state-owned enterprise executives’civil liabilities for illegally infringing the state-owned assets. First of all, This paper combes the related legal provisions about them. In addition, the author researches legislation present situation of the substantive law and procedural law about them. Finally, the author argues for the dilemma of civil procedure of the above infringement behaviors. In other words, the leaders of the state-owned enterprises do not exercise or indolently exercise the civil litigation rights.The second part, the author demonstrates the SASAC is the main eligibility in this issue. In order to deal with the dilemma of civil procedure of the above infringement behaviors, from the actual and ideal point of view,the author reviews the limitations of civil supervision and prosecution procedure, of the procuratorate public interest litigation procedure, and of the SASAC of shareholder representative litigation procedure. In conclusion, the SASAC of shareholder representative litigation procedure is the most effective solution procedure. At the same time, the author expounds and proves its rationality and legitimacy.The third part, the author suggestes that we should construct the system of the SASAC of shareholder representative litigation procedure. As a result, the author provide some constructive suggestions about the preceding procedure, litigation status, litigation obligations, no lawsuit responsibility, executive compensation belong, and about the assumption of risks, what’s more, I hope that these recommendations can make some contribution to build the SASAC shareholders on behalf of the litigation system in the future.Moreover, the author applys empirical analysis, comparative analysis,normative analysis method, actual and ideal analysis,and logical analysis method to expound and prove this issue that the SASAC can hold the state-owned enterprise executives’ civil liabilities for illegally infringing the state-owned assets. In the end, the author supplys some constructive legislative proposals, and hopes that the results of my research can play a positive role in protecting the state-owned assets.