Study On Administrative Public Interest Litigation System Of State-owned Assets

Administrative public interest litigation of state-owned assets refers to a lawsuit brought to the court by an eligible subject in accordance with the law when the procuratorial organ finds that the administrative subject responsible for managing state-owned assets is illegally exercising its authority or passively exercising its authority,resulting in serious loss of state-owned assets.Based on the legal basis,legal basis and practical basis of the administrative public interest litigation of state-owned assets,the construction of the administrative public interest litigation of state-owned assets is legitimate and reasonable.At present,the system of public interest litigation for state-owned assets brought by procuratorial organs has been formed,but the system of public interest litigation for state-owned assets has not been systematized.A large number of problems need to be solved and corresponding systems need to be constructed.Through sorting out the normative basis of the plaintiff's subject in the administrative public interest litigation of state-owned assets,it is found that the single plaintiff's subject leads to too much concentration of power and is prone to abuse of power.Taxpayers filing lawsuits can give full play to the people's main rights as masters.In addition to the procuratorial organs to bring administrative public interest litigation of state-owned assets,taxpayers should have the qualification of the plaintiff subject,and taxpayers' spontaneity can make up for the deficiencies of the procuratorial organs.The scope of accepting cases should be determined by combining generalizations and enumerations,which can be divided into specific administrative acts and some abstract administrative acts,including the loss of state-owned natural resources,the loss of administrative state-owned assets and the loss of state-owned assets of enterprises(including finance).Through the analysis of the present situation of the burden of proof in the administrative public interest litigation of state-owned assets,it is found that the procuratorial organ does not apply the rule of inversion of responsibility.In the process of the procuratorial organ participating in the administrative public interest litigation,the procuratorial organ shall bear the relevant burden of proof on the plaintiff's qualification of prosecution subject,infringement,causality and other procedural matters.As for the distribution of taxpayers' burden of proof,our country can fully learn from thebeneficial experience of the allocation of burden of proof in foreign public interest litigation,so as to construct a system of burden of proof that conforms to our country's territory.The burden of proof for taxpayers is relatively uniform in the academic circle.It is believed that taxpayers are in a weak position and it is suggested that the burden of proof be reversed.At the same time,a corresponding supporting system has been established to assist the core system to operate better.The pre-litigation supervision procedure of public interest litigation initiated by procuratorial organs is a major feature.The use of procuratorial suggestions can be applied to prosecution by procuratorial organs as plaintiffs,and taxpayers can apply procuratorial suggestions and court suggestions as appropriate.At the same time,with the increase of litigation and the diversification of plaintiffs,it may not be appropriate for the first instance of administrative public interest litigation to be under the jurisdiction of the primary court,which can be raised from the jurisdiction of the primary court to the jurisdiction of the intermediate court.The "plaintiff versus defendant principle" should be applied differently,and different situations should be treated differently.In order to improve the taxpayers' litigation enthusiasm,under the condition of setting up the plaintiff award system of state-owned assets administrative public interest litigation,the state-owned assets administrative public interest litigation fund system is also set up to ensure the normal operation of the system,so as to obtain good judicial effect.