Study On Public Interest Litigation Of State-owned Assets

Since our reform and opening up,the coexistence of various economiccompositions has resulted in the diversified development of interest subject.And theloss of state assets is becoming the concern.Our state assets owned by the wholepeople are still losing,which is not only an economic problem,but also a crucialpolitical problem.Economic development to a certain degree will lead to the loss ofeconomic foundation based on the public ownership.Therefore,the prevention of andresolution to the loss of state assets are also the constitutional requirement to therelated legal system.And now the ways to investigate the cause of the loss of stateassets are mainly criminal penalty and administrative sanction.But the still seriousloss of state assets shows that we lack a scientific and systematic mechanism ofinvestigation.We first made the positive affirmations to protection of commonweallitigation in2012.Because of its start-up,we still have lots of questions to discuss.Withthe continuous development of modern process,the introduction of the civil publiclitigation to the supervision system of the loss of state assets is one of the developingtrends of the legal construction,which shows the constitutional strategy of governingthe country by law,the democratic ideals and the objective request of the scientificoutlook on development. Furthermore,its building and running are equipped withabundant foundation of the property law.So it should be much regulated and protectedby the civil and the civil litigation law.The paper focuses on the theoretical affirmation of the general problems of theloss of the state assets.And it contrastively analyzes recent ways to solve the problemof the loss of state assets,which reveal the shortcomings of different ways andestablish the solutions for the civil public litigation.Furthermore,it seeks the legalbasis from the aspects of property law,other departments of law and regulations.At thesame time,it briefly summarizes procuratorial organ’s practical contributions to theprevention of the loss of the state assets,which confirms the solutions of the civilpublic litigation.Before initially structuring independent the procedures of the commonweallitigation,we should systematically analyze some basic problems in the constructionof the state assets protecting the commonweal litigation.For example,the problems ofqualified litigant and the direct appeal interest.We should also summarize the different realistic ways to the civil public litigation and contrastively analyze the opinions andpropositions of today’s scholars,which can build the theory base for the independentconstruction of the procedures.As for the construction of procedures,establishing different modes ofcommonweal litigation adapts to the different objective request of the subject of theprosecution right.And it also speculates the development trend of the future modes.Inthe specific and detailed questions of first conceiving of the state assets protecting thecivil public litigation,the pretrial procedure should be constructed based on ensuringthe cases in order.As for the self-admission,the court should treat differently toself-admission effect made by the different subject of the prosecution right. At law,theeffect of the mediation in the public interest litigation should not be completelyabandoned and ignored.And the conciliation agreement should be admittedconditionally.In the public interest cases,the explanation obligation and the aspect oflaw-applying of the judge should be established before sentence,which can avoidunnecessary appeal.In post-trial motions,certain theoretical analysis of how to carryout the civil liability should also be done.