Civil Public Interest Litigation About Stated-owned Property Filed By Procuratorial Organ

Pursuant to the Property law,the owner of the state ownership refers to all the people,all the people is just an abstract conception.It is not the union of all of the people.The ownership of property has no direct legal relation with each of Chinese,they could not own the property directly and exercise their right.Although the market economy has been deploying for many years,the mix of ownership system with state ownership actually stagnates in the planned economy.According to the theory of property law,one property only exsits the only one owner,Direct ownership of the state-owned property and profit-making state-owned property shall be vested in state.Civil law ensures that the state,as the subject of ownership with other civil entities,is equal in the market economy.The ownership of the property of state-owned assets,involves circulation problems.In the operating process through the legal-person system trading,using debt trading method or the law of contract by formal civil entities.One certain state as the owner of stated-owned property possesses the equal legal satus,alike,other organizations,and individuals.The realization of the public interest cannot be achieved without the state,the realization of state ownership is the theory of civil law legal person,the purpose is to realize the public interest.As the ownership of state property,the state is justified in providing public interest to the public and protecting the public interest.The public interest is not only the essence of state-owned property,but also the regulation of the state property,and the important basis for preventing improper use of the state property.Public interest litigation is not a seperate litigation,the purpose is to protect public interest.Depending on the content of the violation of public interest,can be divided into criminal public interest litigation,civil public interest litigation and administrative public interest litigation.National property is the means to realize public interest,the reason of state ownership is to serve the public interest.Litigious right is the bridge connecting the civil substantive right and the civil procedural law.If the interest is protected by law,it is refered to right.The rights recognized by civil law occupy most of the range of civil justiability.Both of the Civil Law and the Property Law have stipulated the provision of the state ownership,prohibiting any incorporation or individual to encroach,plunder,privately distribute,intercept and damage state property.In consideration of the state ownership is a kind of the civil ownership,thus it should fall into the scope of civil public interest litigation.The justiability of the dispute and the interest of a sue determine wherther the matter of issue could enter into civil proceedings,and the eligible party resolves who will pertake in the specific procedure and exercise the procedural rights and acquire the court verdict.When it comes to a new type of public interest litigation,if there is on eligible and valid litigant,the public interest will be a target of the Commons,whileas,the defenders get unlawful interest.Mordern disputes have been resolved in view of the devolpment of the theory of the qualified party.Where the law specifically grants the parties the right to exercise their right of action,it is the right party to initiate a lawsuit to protect a particular interest.Specific interests include three types:public interest,collective interest,and other people's interests.Such people are collectively referred to as litigants,the validity of the judgment has full effects on the substantive entity.The difference between the rights of action can be distinguished from the legal action and the arbitrary litigation.The right of the former is specially authorized by the law,and the latter's litigation rights come from the civil entrustment of the right and the subject.A legal action covers for purpose of a person's interests and public interest.This two kinds of situations happens where the real subject of rights and obligations can't,not suitable for and difficult to file a lawsuit cases,who have a responsibility to protect the rights and obligations of the people as a litigation take-on,called office parties.The procuratorial organs are the protectors of national and public interests and have the duty to safeguard the public interest.The pilot program has determined that the procuratorial organ can file the civil public interest litigation as the" public interest litigant".Civil public interest litigation shall mean two equivelent parties claim their rights and exhibit evidence to support their claims before the judge.The structure of civil public interest litigation still remains a isosceles triangle,the judge is a neutral third party,the colateral parties use the equal confrontation.The function of the judge is to referee,the plaintiff has the right to prosecute,the defendant has the right of defend.The structure of civil procedure must be abided by as long as entering into the process.Even in order to highlight the special role of the prosecutor to file an action as "public interest plaintiff",it shall maintain stability and balance of the structure,the legal status of prosecutor is the plaintiff in the civil public interest litigation,so that should not own special litigation rights,may not meet the special status of the procuratorial organ at the cost of breaking the structure.