国有资产保护民事公益诉讼制度分析-民商法学专业论文.docxVIP

II II Abstract Since our reform and opening up,the coexistence of various economic compositions has resulted in the diversified development of interest subject.And the loss of state assets is becoming the concern.Our state assets owned by the whole people are still losing,which is not only an economic problem,but also a crucial political problem.Economic development to a certain degree will lead to the loss of economic foundation based on the public ownership.Therefore,the prevention of and resolution to the loss of state assets are also the constitutional requirement to the related legal system.And now the ways to investigate the cause of the loss of state assets are mainly criminal penalty and administrative sanction.But the still serious loss of state assets shows that we lack a scientific and systematic mechanism of investigation.We first made the positive affirmations to protection of commonweal litigation in 2012.Because of its start-up,we still have lots of questions to discuss.With the continuous development of modern process,the introduction of the civil public litigation to the supervision system of the loss of state assets is one of the developing trends of the legal construction,which shows the constitutional strategy of governing the country by law,the democratic ideals and the objective request of the scientific outlook on development. Furthermore,its building and running are equipped with abundant foundation of the property law.So it should be much regulated and protected by the civil and the civil litigation law. The paper focuses on the theoretical affirmation of the general problems of the loss of the state assets.And it contrastively analyzes recent ways to solve the problem of the loss of state assets,which reveal the shortcomings of different ways and establish the solutions for the civil public litigation.Furthermore,it seeks the legal basis from the aspects of property law,other departments of law and regulations.At the same time,it briefly su