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Thoughts About The Establishment Of The Administrative Public Interest Litigation In China

Posted on:2010-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:H L ZhaoFull Text:PDF
GTID:2166360278467819Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative public interest litigation is the system that the indirect interested parties have the right to bring administrative prosecution to court in order to protect the public interest when Subject of Administration executes unlawful infringement or omit to do anything, which results in infringing upon the public interest.At present, scholars have reached the agreement on the connotation of the administrative public interest litigation, but they still argued about how to build the administrative public interest litigation system in our country. Based on this, this paper tries to point out the significance of the establishment of the administrative public interest litigation by analyzing the existing legal system of administrative litigation.In this paper, the administrative public interest litigation will be studied from three aspects. In the first part the definition of the administrative public interest litigation will be given on the explanations of the basic theories on public interest litigation. Its practical necessary and feasibility will be confirmed through the analysis. In the second part this paper focuses on the current situation of the administrative public interest litigation abroad and the inflections shown to build it in our country, as well as its scope of accepting cases and qualifications of the plaintiffs qualification. In the third part this paper concerns the onus of proof and the specific procedures in the system of the administrative public interest litigationBased on the explanations of the administrative public interest litigation, this paper starts the argumentation of its establishment in China. Through the combined research on the systems of the developed countries and the current situation this paper tries to find the answers to build the administrative public interest litigation of the Chinese characteristics, in the following aspects like the scope of accepting cases, the plaintiff's qualification and the onus of proof.
Keywords/Search Tags:the administrative public interest litigation, the plaintiff's qualification, the scope of accepting cases, the onus of proof
PDF Full Text Request
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