Research On Administrative Public Interest Litigation Of State-owned Assets

At present,preventing the loss of state-owned assets has become a problem that urgently needs to solve in the context of capitalization.The existing legal system of China has clearly defined that procuratorial organs can file administrative public interest lawsuits in four areas including state-owned assets.It is beneficial to protect the national and social public interests,protect state-owned assets from loss,and Supervise administrative organs to promptly and effectively correct illegal acts and proactive administration in accordance with the law has played a positive role.As the administrative public interest litigation system is still in the initial stage of steady development,the current laws and judicial interpretations have defined the litigation subject,scope of acceptance,pre-litigation procedure,trial procedure and adjudication methods of administrative public interest litigation cases.And the four public interest areas are applied uniformly.But there are still many problems in the area of state-owned assets protection.This article conducts a study of administrative public interest litigation in the area of state-owned assets protection from the aspects of system regulation and practical operation that based on the administrative public interest litigation system of protection of state-owned property that already stipulated in "Administrative Procedural Law".The second chapter analyzes the status quo of system regulation and practice of state-owned assets administrative public interest litigation.The current status of the system lists and analyzes the current laws and regulations related to the protection of state-owned assets.Empirical research methods are used in the current status of practice,and select 52 cases as the research samples during the administrative public interest litigation trials and after the national promotion.Making a detailed analysis of case types,the pre-litigation procedure,the party system,the burden of proof,and the judgment results of administrative public interest litigation of state-owned assets.It is found that the current types of state-owned assets administrative public interest lawsuits are mainly divided into three categories,and the author classifies them into the categories of collection,fraud,and improper disposal;The effect of the pre-litigation procedure is obvious and the frequency of application is high;The accused is mainly a functional department of the people's government,and few third parties appear in court to participate in the lawsuit;Procuratorial organs bear the main burden of proof,and administrative organs havethe right to present evidence;The result of the judgment is mainly to confirm that the administrative act is illegal and to perform the legal duties.The third chapter conducts a detailed analysis of the system problems and practical operation problems of state-owned assets administrative public interest litigation,and finds that the system problems are mainly reflected in two aspects: over-principles and lack of regulations.However,there are also some practice problems that affect the effectiveness of the operation to varying degrees in the selection of prosecution cases,pre-litigation procedure,the burden of proof,and the defendant's appearance in court.Specifically,the procuratorial organs have the option of asylum when they prosecute administrative public interest litigation cases of state-owned assets.Handle more difficult cases of improper disposal;the problems of the pre-litigation procedure are mainly reflected in three aspects.The lack of clarity on the reasons for prosecutorial organs to issue prosecutorial recommendations due to the lack of clarity regarding the performance of their duties in accordance with the law.The docking is not perfect;the distribution of the burden of proof is "unbearable burden of proof";the administrative organs failed to put in place the court personnel in accordance with the provisions of laws and judicial interpretations,and only the majority of cases where lawyers were sent to court to participate in the proceedings.Finally,the article puts forward suggestions for solving the problems in third chapter,and improves from two aspects of pre-litigation procedures and litigation procedures.Systematic improvement and procedure design of pre-procedure system,source of cases and transfer mechanism,case types,party system and burden of proof system for administrative public interest litigation involving state-owned assets.The purpose of this article is to specifically analyze the current situation and problems of the administrative public interest litigation system in the field of state-owned assets protection in China through empirical analysis,and to propose relevant improvements.Proposing related perfection suggestions for the coordinated promotion administrative interest litigation and procuratorial work.Providing suggestions for further protecting state-owned assets.