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Research On The Plaintiff Qualification Of Administrative Public Interest Litigation

Posted on:2012-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:M M ChenFull Text:PDF
GTID:2166330332983046Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
During the past few years, with the development of administrative law, and public interests case often happened in actual life, the administrative public interest litigation has become one of hot spots in the academic circle and the judicial circle. Administrative public interest litigation is an important legal system to protect public welfare and give protection to the forming of a good social operating mechanisms. At present, influenced by the traditional theory "no interests is no appeal right", most litigation against public interests can hardy get legal relief because of lack of fit plaintiff. Public interest which looks strong and big in appearance but fragile in essence is facing increasingly the latent threat that turn rise with physically of damage. Face such circumstance, since middle of 20 centuries, the lawmaking and judicatories of the abroad started to change the traditional theories of administrative litigation and expanded the traditional plaintiff theories in lawmaking and judicatories practice, and gave the plaintiff qualification of the procuratorial organ, citizen and the society group. This change carry out better protect the administrative public welfare purpose of public interest.In china, the research to this problem just started, although for the value of the administrative action of public interest, already reach the consensus, but about how to set up concrete theories and system, still existed a few rifts on the problem of plaintiff qualification of administrative public interest litigation particularly. When showing stage, how to confirm that the plaintiff qualification of the administrative public interest litigation is the law of administrative procedure of our country to study an important problem of theoretical and judicial practice. However in our country, the current rear related explanation legal document of" law of administrative procedure", do not be also qualified for whom with maintenance public benefit is purpose mention administrative proceedings to People's Court to make stipulation, the blank on legislation has caused the adjudication blind area of last administration of justice. Many cases have ended by rejecting the appeal for the reason that the prosecutor is not qualified as a plaintiff. Accordingly, the "bottle neck" of plaintiff qualification should first of all be broken through for the purpose of developing and conducting administrative prosecution of public interests. Therefore our country should, establishes the plaintiff qualification of administrative public interest litigations and protects the public benefit of society really.The author divides the article into four major parts. In the first Part, the author summarizes the administrative public interest litigation, discusses the popular meanings of lawsuit of public interests and administrative public interest litigation, analyzes the necessity and feasibility of administrative public interest litigations. In the second part, the author discusses the evolution of plaintiff qualification in our country's administrative prosecution law, point out the current situation and deficiency of our country's plaintiff quality of administrative public interest litigation. In the third part, the author comments a few country's regulation on plaintiff quality of administrative public interest litigation, analyzes their common characteristic and the enlightenment to our country. In the fourth part, the author proposes the standard on setting plaintiff quality of administrative public interest litigation, brings forward some idea perfecting and developing our country's plaintiff quality theory of administrative public interest litigation. Procuratorial organ and society group can be as plaintiffs.
Keywords/Search Tags:administrative lawsuit, administrative public interest litigation, plaintiff qualification, procuratorial organ, society group
PDF Full Text Request
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