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民事督促起诉的前提是国有资产或社会公共利益受损且监管部门不行使或怠于行使自己的监管职责。集体经济组织不履行或怠于履行职责损害集体利益、国有企业行使企业自主经营权产生的民事法律关系、权利主张金额过小、行政事业单位之间债权债务关系等不宜列入民事督促起诉范围。民事督促起诉中,是否适用诉讼时效应区分是债权请求权还是物上请求权,被督促单位应坚持有限处分原则,检察机关调查取证应以有证据证明存在国资流失和公益受损失等情形为标准。
The premise of civil supervision and prosecution is that state-owned assets or social public interests are impaired and regulators do not exercise or lax exercise of their supervisory responsibilities. The failure of collective economic organizations to perform their duties or underperform their duties to the detriment of collective interests, the civil legal relations arising from the exercise of enterprises’ independent management by state-owned enterprises, the insignificance of claims and the claims and debts among administrative institutions should not be included in the scope of civil prosecution. Civil prosecution, the suitability of litigation when the effect of the distinction between claims or claims on property, the unit being urged to adhere to the principle of limited punishment, prosecution investigation and evidence collection should be evidence of the existence of loss of state assets and public welfare losses as the standard .