Article 25 of the "Administrative Procedure Law" amended in 2017 officially established the procuratorial organs in "ecological environment and resource protection、Food and Drug Safety、Protection of state -owned property、Leadership of the right to use state -owned land use rights "to mention the legal basis of administrative public interest litigation，However, my country has not yet formulated a unified law on the formulation of complex types of state -owned property，Administrative organs' regulations on state -owned property supervision and management responsibilities are only scattered in different laws、Regulations，Makes the lack of definition of state -owned property in administrative public interest litigation，It also affects the scope of the scope of administrative public interest litigation。Some scholars think，Protection of bet365 best casino games cultural relics、The management of infrastructure such as roads and barrier -free facilities The deserved meaning of administrative public interest litigation is "protection of state -owned property"; some scholars believe，This behavior belongs to Article 25 of the Administrative Procedure Law "and" other fields "exploration。This difference is related to the power exercise of the procuratorial organs，It will also affect the overall reform and improvement of my country's state -owned property protection system。

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Although "state -owned assets" in the broad sense often use "state -owned property" commonly，However, "assets" as an economics concept，It has not been adopted by my country's "Constitution" and "Civil Code"，"State -owned Assets of Administrative Units" and "Administrative State -owned Assets" mainly appear in the "Regulations on the Management of State -owned Assets Administrative State -owned Assets" and "Interim Measures for the Management of State -owned Assets Administrative Unit"。As far as connotation is concerned，Some scholars believe that "assets" emphasize that "certain Bet365 app download assets can bring value value -added"，"Only the property used for value -added or the property that can bring economic income is asset，Assets are property，Property is not necessarily assets "，So，"State -owned Assets" only refers to the rights and interests formed by the state's various forms of capital contribution (ie, operating state -owned property)。On the other hand，"State -owned Property" covers all the property that the people represent the people on behalf of the people in accordance with the law，Not only does it include for profit、Capital and income owned by the state as a funder in accordance with the law ("state -owned assets")，It also covers the purpose of not profit，Highways providing public services and social security carriers as the state、Railway、Public library or stadium or other infrastructure (also known as administrative public property or public property)，taxes that the state should obtain、Fiscal subsidies for claims and expenditures such as expenses、Social Insurance and other funds。

July 2015，According to the requirements of the Fourth Plenary Session of the 18th Central Committee of the Party and the authorization of the Standing Committee of the National People's Congress，The "Pilot Plan for the Reform of the Procuratorate on Public interest litigation" formulated by the Supreme People's Procuratorate and the "Implementation Measures for the Pilot Work of the People's Procuratorate" has determined the scope of the pilot of administrative public interest litigation as "ecological environment and resource protection、Protection of state -owned assets、​​The right to use the right to use state -owned land "，and 2017 The Administrative Procedure Law amendment will change "state -owned asset protection" to "state -owned property protection"，Professor Ma Huaide believes that this "change has expanded the scope of the procuratorial organs filed by the procuratorial organs，Make state -owned property more comprehensive protection "，Therefore, the protection of state -owned property in administrative public interest litigation should not be limited to the "value preservation and value" of asset attributes。

　　State -owned property type and the protection of administrative agencies for determination

According to the provisions of the Administrative Procedure Law，The premise of the procuratorial organs filed an administrative public interest lawsuit is "the administrative organs with supervision and management responsibilities illegally exercise their powers or do not act，As a result, national interests or social public interests are infringed "，Therefore, administrative public interest litigation in the field of state -owned property protection，The responsibility of the state -owned property protection from the administrative organs、Determination of the damage of national interests or social public interests。

On the one hand，The responsibilities of the protection of state -owned property depends on the specific types and functions of state -owned property。According to the different types of state -owned property，Business State -owned Property is consolidated and developed by the state -owned economy、It is important to play the leading role of the state -owned economy in the national economy，It is also a material basis for developing a socialist market economy and modernization，The purpose of protection is to prevent the loss of state -owned assets，Improve the efficiency of assets and realize the "value preservation and value" of assets。The main function of non -operating state -owned property is not the "preservation and value -added" of property，Instead, it is necessary to play the public services and social security of state -owned property according to the scheduled public purposes，Therefore, the protection of the administrative organs is to prevent non -operating state -owned property from deviating from public use。other，Tax、State -owned property such as fines such as fines has not yet determined specific use，but also not for profit for the purpose，Its protection weight is tax receivable、The time and full amount of fines of fines。

On the other hand，The damage to the public interest of the state or the public affected the evaluation of the performance of the administrative organs。Operating state -owned property formed by the state's capital contribution of enterprises, as well as non -operating state -owned property that should bet365 Play online games be obtained by taxes and expenses，Reform in enterprises、Combined separation、Related transactions and other processes，Low price transfer、Personal points of conspiracy、Guarantee or other ways to cause state -owned property loss，and due to tax、fines and other costs have not been levied in time and sufficient amount to cause property loss to the country，All belong to the national interests represented by state -owned "assets"。Public road、Public Library、Government Building and other infrastructure and cultural relics、Non -operating state -owned property represented by Scenic Scenic Area，What needs to be guaranteed is the effective operation of the public's public use and the official activities of the administrative organs。If the administrative organs have not fulfilled supervision and management responsibilities，Public use when changing or abolishing non -operating state -owned property at will，It will cause damage to the public's public use and the public interests of the administrative organs.。

　　Improve the protection model of state -owned property through administrative public interest litigation

The nature of the country of socialism in my country determines the public ownership as the main body、Basic economic system commonly developed by multiple ownership economies，At the same time, it has established national development education、Medical and Health、Culture and other business，Provide citizens with obligations to provide various social services and living security，State -owned property is an important material basis for achieving the aforementioned national goals。Article 246 of the Civil Code，"The law stipulates that it belongs to all the property，It belongs to the country owned by all the people。State -owned property exercises ownership by the State Council on behalf of the state。The law has other provisions，According to its regulations "，Established a governance system for the people on behalf of the people to exercise ownership of state -owned property。However, there are also insufficient public participation in this public property management model led by the government、Lack of effective supervision Bet365 app download and other issues，Before the establishment of the administrative public interest litigation system，The review target of my country's administrative litigation is mainly limited to administrative acts，And the interested person with only administrative counterparts and administrative behaviors has the plaintiff qualification，Lack of judicial supervision of the government's management activities for state -owned property，Let some administrative agencies dismantle public facilities or change its purpose，Actions that harm the public interest of the country or society。After establishing an administrative public interest lawsuit in the field of state -owned property protection，The practice of administrative public interest litigation of the procuratorial organs is mainly focused on the collection of state -owned property of taxes and fees、Application and allocation of financial subsidies or social insurance，In particular, the "value preservation and value" that focuses on the attributes of state -owned property assets，To fully maintain the "national and social public interests" represented by state -owned property，You must consider the following questions。

First，Both attention to the "preservation and value -added" of operating state -owned property、Tax and fees and other state -owned creditor's rights in time and full payment、Special allocation of fiscal subsidies and social insurance property，It is also necessary to strengthen the publicity of non -operating state -owned property through administrative public interest litigation。Can't ignore non -operating state -owned property in traffic、Historical heritage、Public service functions in style and leisure，Cultural relics should be protected、Road traffic safety、Management and maintenance of barrier -free facilities gradually incorporated into the scope of the case of administrative public interest litigation。

Next，Procuratorate should flexibly use procuratorial advice and other pre -laws，Cooperate with the administrative agency to protect the publicity of state -owned property。Administrative organs in the administrative public interest litigation "do not perform legal duties" determination must inspect their duties，It is also necessary to judge the state where the state and social public interests are infringed，At the same time, the administrative organ against bet365 best casino games cultural relics、The management of non -operating state -owned property such as public facilities involves fiscal funds、Professional、Tailoring judgment in social needs，Therefore, it is necessary to consider its state -owned property management activities from both legality and rationality，Pre -litigation collaboration between procuratorial organs and administrative organs helps to greaterly protect the legality and rationality of state -owned property management activities。

Last，Administrative public interest litigation judicial practice in the field of state -owned property protection must eventually be transformed into legislative action to improve physical law。my country's administrative public interest litigation system adopts "first program、Rear Entity Legislative Mode，In order to list the key areas of the scope of administrative public interest litigation through Article 25 of the Administrative Procedural Law，and then promote the modification and improvement of physical laws in related fields。In the field of state -owned property protection，Also as Professor Liu Yi said，"Regularly blank or loopholes found in the administrative public interest lawsuit to report to the legislature，Modification of relevant laws，It can further promote the improvement of objective legal order "。

From the perspective of the reform and improvement of my country's state -owned property protection mechanism，The Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China began to explore the establishment of the State Council to report the state -owned assets management of the Standing Committee of the National People's Congress，It is to strengthen the supervision of the legislature's state -owned property management activities for the legislature，and clarify the connotation of "state -owned property protection" in administrative public interest litigation，Determine the supervision and management responsibilities of administrative organs based on different types of state -owned property，It helps to achieve the joint force of the legislature and judicial organs from the perspective of judicial supervision，Form complete、Effective state -owned property management and protection model。

　　(Author Unit: School of Law of Renmin University of China)