检察机关提起国有资产流失公益诉讼主体地位的思考——以新民诉法为视角

Consideration on the Principal Position of the Public Interest Litigation for Prosecution Filed the Loss of Stated-owned Assets——From the Perspective of New Civil Procedure Law

改革开放以来,我国国有资产被以各种形式侵吞着,损失十分严重,由于我国国有资产的主体特殊性及非讼传统影响,使得广大民众参与保护热情不高,实践中或消极或中立。然而面对国有资产日以亿计流失的严峻态势,亟须一个强有力的公权力机关代表国家介入,结合新民诉法55条之规定,探讨我国检察机关提起国有资产流失公益诉讼主体地位相关问题,试图为国有资产保护开辟一条新路径。

Since the reform and opening up, the state-owned assets in China have been misappropriated in various forms, and the loss is very serious. Due to the specificity of principal part and non-of first instance traditional im- pact of China~ state-owned assets, the majority of people have no enthusiasm to involved in the protection. They u- sually keep negative or neutral in the practice. However, facing with the grim situation of state-owned assets loss in a hundred million per day, it needs a strong public authority to intervene on behalf of the country. Combined with the new Civil Procedure 55 provides, this study explores issues related to our prosecution filed the principal position for the public interest litigation of state assets loss. The purpose of the study is trying to open up a new path for the protection of state-owned assets.