刍议完善公民对国有财产的权利

公民对国有财产的权利应当是经济法学研究的重要课题，目前，我国经济法关于公民对国有财产的权利不仅很少，而且过于笼统和缺乏强制力。我国应当建立起有强制性的公民与国有财产的法律关系，完善公民对国有财产的权利。公民对国有财产的权利根据行使方式的不同，应当分为直接权利和间接权利；根据义务主体的不同，分为对国有资产管理者的权利和对国有资产使用者的权利；根据时间的不同，分为“事先”、“事中”和“事后”权利。公民对国有财产的权利难以通过传统的救济途径获得保障，需要建立完善的公益诉讼制度。

Comment on the Improvement of the Citizen’s Rights of State-Oowned Property

The research of the citizen’s rights of state-owned property is the important topic of Economic Law.At present,not only does the Chinese Economic Law concern few about citizen’s rights of state-owned,but also too general and lack of coercive power.The mandatory legal relations between citizens and state-owned property should be established and Citizen’s rights of state-owned property should be improved.Citizen’s rights of state-owned property should be divided into direct rights and indirect rights,according to the different exercise style;Citizen’s rights of state-owned property should be divided into the rights of the state-owned assets management and the right of the state-owned assets user,according to the different compulsory subject;Citizen’s rights of state-owned property should be divided into “in advance”,”matter”and”afterwards”rights,according to the different time.The realization of the Citizen’s rights of state-owned property not only need the necessary legal system，such as the the establishment of the public welfare lawsuit system,but also need the basis of constitutionalism system.