Research On Administrative State-owned Assets Litigation Proposed By The Procuratorial Organs

With the gradual establishment of market economic system and advance of the reform of state owned enterprises, the way of preserving and increasing value of state-owned assets is also more diversified and market oriented. At the same time, because of the laws and regulations of the state-owned assets can’t adapt to the changes of economic life in time, main bodies lead to the loss of state-owned assets in different ways are common, State-owned asset is an important part of the socialist economy, and it’s important to protect state-owned assets in the current social development. Supreme People’s Procuratorate issued the pilot program of public interest litigation proposed by the procuratorial organs on 2 July 2015.It means that the pilot program was officially launched. Public interest litigation will be the breakthrough point of this paper. It’s Based on characteristics of administrative litigation and basic theory of procuratorial organs in China. Its core is the construction of administrative state-owned assets litigation. This thesis is divided into three parts:Part one discuss the meaning and characteristics of the public interest litigation and administrative state-owned assets litigation, and to sum up the significance of administrative public interest litigation of state owned assets in China.Part two discuss the feasibility of the procuratorial organs in China proposing the administrative public interest litigation of state-owned assets, especially from the legal principle and social reality. On the basis of the theory of law, firstly according to the socialist nature of our country, procuratorial organs exercise legal supervision right with a mandate from People’s Congress. Secondly, the state-owned assets belong to the category of public interest should be disputable. And the legal supervision function of the procuratorial organ is from constitution. Actual basis, according to legal norm and case, the state-owned assets need public litigationPart three discuss the construction of some associated legal systems. The paper has a relatively deep analysis on the status of procuratorial organs in administrative State-owned assets public interest litigation, pretrial procedure and the other related system.