Article 25 of the Administrative Litigation Law revised in 2017 formally established the procuratorial organs’ role in “ecological environment and resource protection、Food and Drug Safety、Protection of bet365 offer、Legal basis for filing administrative public interest litigation in the transfer of state-owned land use rights and other fields,However, our country has not yet formulated a unified law on complex types of bet365 offer,The provisions on administrative agencies’ responsibilities for the supervision and management of bet365 offer are only scattered in different laws、Under regulations,The use of administrative public interest litigation to protect bet365 offer lacks clarity,It also affects the expansion of the scope of administrative public interest litigation。Some scholars believe,On the protection of cultural relics、Initiating administrative public interest litigation for the management of infrastructure such as roads and barrier-free facilities is part of the proper meaning of "protection of bet365 offer";Some scholars also believe that,This behavior falls under the exploration of “other fields” in Article 25 of the Administrative Litigation Law。This disagreement is related to the exercise of powers of the procuratorial organs,It will also affect the overall reform and improvement of our country’s bet365 offer protection system。
From "state-owned assets protection" to "bet365 offer protection"
Although "state-owned assets" in a broad sense are often used interchangeably with "bet365 offer",However, "asset" is an economic concept,Not adopted by my country’s Constitution, Civil Code, etc.,The terms "state-owned assets of administrative units" and "state-owned assets of administrative institutions" mainly appear in administrative regulations and rules such as the "Regulations on the Management of Administrative State-owned Assets" and the "Interim Measures for the Management of State-owned Assets of Administrative Units"。In terms of connotation,Some scholars believe that "assets" emphasize "certain properties that can bring value appreciation",“Only property that is used to increase value or that can bring economic benefits is an asset,Assets are property,Property is not necessarily an asset”,Therefore,“State-owned assets” only refers to the rights and interests formed by the state’s various forms of investment in enterprises (that is, operating bet365 offer)。On the other hand,“bet365 offer” covers all property owned by the state on behalf of the people in accordance with the law,Not only for profit purposes、The capital and income legally owned by the state as an investor in the enterprise ("state-owned assets"),Also covers not-for-profit,Highway as a carrier for the country to provide public services and social security、Railway、Infrastructure such as public libraries or stadiums (also known as administrative property or public property),And the taxes the country should obtain、Financial subsidies for expenses and other claims and expenditures、Social insurance and other funds。
July 2015,According to the requirements of the Fourth Plenary Session of the 18th CPC Central Committee and the authorization of the Standing Committee of the National People’s Congress,The "Pilot Plan for the Reform of Public Interest Litigation by Procuratorates" and the "Implementation Measures for the Pilot Program of Public Interest Litigation by the People's Procuratorate" formulated by the Supreme People's Procuratorate once defined the scope of the pilot program of administrative public interest litigation as "ecological environment and resource protection、Protection of state-owned assets、State-owned land use rights transfer and other fields”,The "Administrative Litigation Law" was revised in 2017 and changed "state-owned asset protection" to "bet365 offer protection",Professor Ma Huaide believes that this “change has expanded the scope of administrative public interest litigation initiated by the procuratorate,Enable bet365 offer to be more comprehensively protected”,Therefore, the protection of bet365 offer by administrative public interest litigation should not be limited to the “preservation and appreciation” of asset attributes。
Categorization of bet365 offer and determination of administrative agency protection responsibilities
According to the provisions of the Administrative Litigation Law,The premise for the procuratorate to initiate administrative public interest litigation is that "the administrative agency responsible for supervision and management has illegally exercised its powers or failed to act,Causing national interests or social public interests to be infringed",Therefore, administrative public interest litigation in the field of bet365 offer protection,Required from administrative agencies’ bet365 offer protection responsibilities、The damage to national interests or social public interests shall be determined in two aspects。
On the one hand,The administrative agencies’ duty to protect bet365 offer depends on the specific type and function of bet365 offer。Based on different types of bet365 offer,For-profit bet365 offer plays an important role in consolidating and developing the state-owned economy、It is of great significance to give full play to the leading role of the state-owned economy in the national economy,It is also the material basis for the development of socialist market economy and modernization,The purpose of its protection is to prevent the loss of state-owned assets,Improve the efficiency of asset use and realize the "maintenance and appreciation" of assets。The main function of non-operating bet365 offer is not to “preserve and increase the value” of the property,Rather, the public services and social security functions of bet365 offer must be used in accordance with the intended public use,Therefore, the protective responsibility of administrative agencies is to prevent non-commercial state-owned properties from deviating from public purposes。In addition,Taxation、The specific use of debt-type state-owned properties such as fines has not yet been determined,But it is also not for profit,The protection focuses on tax receivable、Timely and full deposit of fines。
On the other hand,The damage to the national or social public interests affects the evaluation of the performance of administrative agencies’ duties。In terms of the operating bet365 offer formed by the state’s investment in the enterprise and the non-operating bet365 offer that should be acquired such as taxes and fees,Under enterprise restructuring、Merge and split、In the process of related party transactions,Low price transfer、Conspiracy to divide privately、Guarantee without authorization or otherwise cause loss of bet365 offer,And due to taxes、Fine and other fees were not collected in time and in full, causing property losses to the country,All are violations of the national interests represented by state-owned "assets"。By public road、Public Library、Government buildings and other infrastructure and cultural relics、Non-commercial state-owned properties represented by scenic spots and scenic spots,What needs to be guaranteed is the public use of the public and the effective operation of the official activities of administrative agencies。If the administrative agency fails to perform its supervision and management responsibilities,When the public use of non-commercial bet365 offer is arbitrarily changed or abolished,It will cause damage to national or social public interests such as the public use of the public and the official security of administrative agencies。
Improving the protection model of bet365 offer through administrative public interest litigation
The national nature of my country’s socialism determines that public ownership is the main body、Basic economic system for the common development of multiple ownership economies,At the same time, it also established the national development education、Medical and Health、Cultural and other undertakings,Obligation to provide citizens with various social services and life security,bet365 offer is an important material basis for achieving the aforementioned national goals。Article 246 of the Civil Code,“Property owned by the state according to the law,Belongs to the state and is owned by the whole people。bet365 offer is owned by the State Council on behalf of the state。Other provisions provided by law,In accordance with its regulations”,Established a governance system in which the government exercises ownership of bet365 offer on behalf of the people。However, this government-led public property management model also suffers from insufficient public participation、Lack of effective supervision and other issues,Before the establishment of the administrative public interest litigation system,The review objects of administrative litigation in my country are mainly limited to administrative acts,And only administrative counterparts and interested parties in administrative actions are qualified to be plaintiffs,The government lacks judicial supervision over the management activities of bet365 offer,Allowing certain administrative agencies to demolish and build public facilities or change their uses at will,Behavior that harms the public interests of the country or society。After the establishment of administrative public interest litigation in the field of bet365 offer protection,The procuratorial organs’ administrative public interest litigation practice mainly focuses on the collection of tax-related bet365 offer、Application and allocation of financial subsidies or social insurance, etc.,Particularly focuses on the “preservation and appreciation” of bet365 offer assets,It is necessary to fully safeguard the "national and social public interests" represented by bet365 offer,The following issues must be considered。
First,We must pay attention to the “preservation and appreciation” of commercial state-owned properties、Timely and full payment of state-owned debts such as taxes and fees、Special allocation of financial subsidies and social insurance properties,We must also strengthen the public protection of non-commercial bet365 offer through administrative public interest litigation。Cannot ignore non-commercial state-owned properties in traffic、Historical inheritance、Public service functions in culture, sports and leisure,Cultural relics should be protected、Road traffic safety、The management and maintenance of barrier-free facilities and other matters are gradually included in the scope of administrative public interest litigation。
Secondly,The procuratorial organs should flexibly use procuratorial suggestions and other pre-litigation methods,Work with administrative agencies to protect the public character of bet365 offer。In administrative public interest litigation, the determination of "failure to perform statutory duties" of an administrative agency must not only examine its performance of duties,We must also judge whether the public interests of the country and society have been infringed,At the same time, administrative agencies are responsible for cultural relics、The management of non-commercial state-owned properties such as public facilities also involves financial funds、Professional knowledge、Discretionary judgment in social needs and other aspects,Therefore, the legality and rationality of bet365 offer management activities must also be considered,Pre-litigation collaboration between procuratorial organs and administrative agencies helps to ensure the legality and rationality of bet365 offer management activities to a greater extent。
Finally,The judicial practice of administrative public interest litigation in the field of bet365 offer protection will eventually be transformed into legislative actions to improve substantive law。Our country’s administrative public interest litigation system adopts the “first procedure、Post-entity” legislative model,That is, Article 25 of the Administrative Litigation Law first lists the key areas within the scope of administrative public interest litigation,Then promote the modification and improvement of substantive laws in relevant fields。In the field of bet365 offer protection,As Professor Liu Yi said,“Regularly report legislative gaps or loopholes discovered in administrative public interest litigation to the legislative body,To promote changes in relevant laws,Can further promote the improvement of the objective legal order”。
From the perspective of the reform and improvement of my country’s bet365 offer protection mechanism,The Third Plenary Session of the 18th Central Committee of the Communist Party of China began to explore the establishment of a system for the State Council to report the management of state-owned assets to the Standing Committee of the National People's Congress,It is to strengthen the supervisory role of the legislative body over the bet365 offer management activities of administrative agencies,To clarify the connotation of "bet365 offer protection" in administrative public interest litigation,Determine the supervisory and management responsibilities of administrative agencies based on different types of bet365 offer,It helps to achieve the synergy between the legislative and judicial organs from the perspective of judicial supervision,Completely formed、Effective bet365 offer management and protection model。
(Author’s affiliation: bet365 offer School of Renmin University of China)
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