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产权界定作为国有资产管理的基础性工作之一,对于维护国有资产所有者权益,制止国有资产流失有重要作用。为搞好产权界定工作,国家国有资产管理局制定了《国有资产产权界定和产权纠纷处理暂行办法》等行政法规,确立了产权界定的原则、方法以及产权纠纷的处理程序,对合理界定产权、减少纠纷起到了积极的作用。但由于历史遗留等原因,产权纠纷仍大量存在,这就涉及到产权纠纷的具体处理程序,特别是行政处理程序与司法处理程序的关系及二者的正确适用问题。本篇案例就是产权纠纷案,其中争议的焦点是法院能否受理全民所有制单位之间的产权纠纷。本刊登此案例,旨在抛砖引玉,希望广大读者能够对产权纠纷的处理问题作更深层次的思考和探讨。
Defining property rights as one of the basic tasks of the management of state-owned assets plays an important role in safeguarding the rights and interests of owners of state-owned assets and stopping the loss of state-owned assets. In order to do a good job defining property rights, the State Administration of State Property Administration has formulated the administrative rules and regulations such as the Interim Measures on the Definition of Property Rights of State-owned Assets and Disputes over Property Rights, established the principles and methods for defining property rights and the handling procedures of property rights disputes, Reduce disputes have played a positive role. However, due to historical legacy and other reasons, there are still a large number of property rights disputes, which involves the specific handling of property rights disputes, especially the relationship between the administrative procedures and judicial procedures and the proper application of the two issues. This case is the case of property rights disputes, in which the focus of controversy is whether the court can accept property disputes between the ownership units of the whole people. The publication of this case, designed to start a discussion, hope that the majority of readers can deal with property disputes for deeper thinking and discussion.