论文部分内容阅读
【裁判要旨】地方国有资产管理部门是依法享有企业国有资产所有权界定职权的行政执法主体,行政相对人对其将自己主张所有权的财产界定为国有资产的行为提起诉讼,属于人民法院行政诉讼受案范围,该行政相对人具有提起行政诉讼的原告主体资格;国有资产监督管理机构享有的界定企业国有资产产权职责为行政管理职责,该机构是行政诉讼的适格被告;企业产权界定应当遵循“谁投资、谁拥有产权”的原则,如果国有资产监督管理机构不能举证证明其遵循了该原则,则其行为属主要证据不足。
The purpose of the referee is that the local state-owned assets management department is the administrative law enforcement body that has the right to state-owned assets according to law and defines the authority of the state-owned assets of the enterprise. The counterpart of the administrative lawsuit sues for the definition of state-owned assets as belonging to the proprietor. Scope of the administrative counterparts with the main body of the plaintiff to bring the administrative proceedings; state-owned assets supervision and management institutions to enjoy the definition of state-owned enterprise property rights as administrative responsibilities, the agency is an appropriate defendant in administrative proceedings; definition of property rights should follow the “ Who invests and who owns the property rights ”principle, if the state-owned assets supervision and administration institutions can not prove that they follow this principle, then the act is the main lack of evidence.