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公益诉讼在西方法制健全的国家中发展得比较完善,已被广泛接受且已成了较为成熟的司法制度。在我国,由于特殊的国情导致了我国对公共利益的保护存在许多漏洞,同时,传统的诉讼理论在应对国有资产流失案件中存在着缺隐,使许多涉及国有资产流失的案件无人主张权利,无法进入司法的管辖和监督。为了有效地对国有资产进行司法保护,需要突破传统的诉讼理论,运用公益诉讼制度。因此,有必要对运用公益诉讼制度解决国有资产流失问题的价值进行分析。
Public interest litigation has developed fairly well in countries with sound Western legal system and has been widely accepted and has become a relatively mature judicial system. In our country, due to the special national conditions, there are many loopholes in our country’s protection of the public interest. At the same time, the traditional lawsuit theory has a shortcoming in dealing with the loss of state-owned assets, leaving many cases involving the loss of state- Unable to enter the jurisdiction and supervision of the judiciary. In order to effectively protect the state-owned assets, we need to break through the traditional theory of litigation and apply the public interest litigation system. Therefore, it is necessary to analyze the value of using public interest litigation system to solve the problem of the loss of state-owned assets.