The administrative public interest litigation of enterprise state-owned property is of great significance in supervising the administration in accordance with the law and safeguarding the public interest of enterprise state-owned property.At present,due to the systematic basis of the initiation criteria and the practice of the dual lack of motivation,resulting in the current stage of administrative public interest litigation in the field of enterprise state-owned property is difficult to operate effectively,the actual reduction of the scope of public interest litigation.Judicial practice needs to clarify the enterprise state-owned property administrative public interest litigation startup criteria,in order to define the boundaries of the exercise of prosecutorial power and administrative power,and promote the prosecutorial power to actively intervene in the supervision of state-owned property,so as to recover more losses of state-owned property through administrative public interest litigation.Enterprise state-owned property administrative public interest litigation is the start of the standard involves a number of legal elements of the collection of judgment,should be from the subject,object,causality and other dimensions of the start of the standard for systematic construction.Specifically,the first is to identify the subject on the basis of publicity and administrative nature on the basis of discretionary power;the second is to consider the behavior on the premise of legality review of the administrative organs'performance of duties by the procuratorial power;the third is to construct a three-dimensional risk matrix model to assess the dangerous results;and the fourth is to establish the presumption rule to presume the fact of causality.
enterprise state-owned propertyadministrative public interest litigationinitiation criteria
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