论国有资产公益诉讼的价值功能与完善路径

On the Value Function and Improvement Path of Public Interest Litigation of State-owned Assets

国有资产流失成为我国迫切需要解决的难题,通过试点试验,公益诉讼对保障国有资产具有重大效能。现有法律体系明确了公益诉讼案件的诉讼主体、受案范围、诉前程序、审理程序和裁判方式,但在受案范围、检察机关调查取证、责任主体惩罚、国有资产追回等方面都存在问题。在完善路径方面,可以在《行政诉讼法》中修改提起相关诉讼的来源和起诉情形,然后通过司法解释完善诉前程序。除此,还需要健全国有资产公益诉讼的监督机制,建立以追回为目标的司法衔接机制。

Loss of state-owned assets has become an urgent problem to be solved in our country.Through pilot tests,public interest litigation has great effectiveness in protecting state-owned assets.The existing legal system has clearly defined the litigation subject,scope of accepting cases,pre-litigation procedure,trial procedure and judgment method of public interest litigation cases.However,there are still problems in scope of accepting cases,investigation and evidence collection by procuratorial organs,punishment by responsible subjects,recovery of state-owned assets,etc.In terms of improving the path,the source and situation of the relevant litigation in the Administrative Procedure Law can be amended,and then the pre-litigation procedure can be improved through judicial interpretation.In addition,the supervision mechanism of public interest litigation of state-owned assets needs to be perfected and a judicial convergence mechanism aimed at recovery needs to be established.