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On The Prosecution Filed A Public Interest Litigation

Posted on:2005-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:X P HuaFull Text:PDF
GTID:2206360125957889Subject:Law
Abstract/Summary:PDF Full Text Request
The public good lawsuit generally means that specific government offices, relevant organizations and individuals bring lawsuits in order to protect social public interests. With the development of society of our country, especially the expansion of the process of country governed by law, it should be chosen and established in our country legislations that the procuratorial organ brings the civil public good lawsuit.Beginning from the concept, characteristic of the public good lawsuit, the first part of this text sums up the concept, characteristic and value of civil public good lawsuit. Conclusions were drawn by investigating the civil public good lawsuits of the main countries governed by law of the world: It is a kind of common form of lawsuit that procuratorial organ brings civil public good suit action; Procuratorial organ owns the power to supervise, intervene the activities in private law, which emphasizes to protect national jnterests and social public good; The main form that the procuratorial organ supervises, intervenes the private law activities is to litigate and participate in the lawsuit, its rights and obligations are quite extensive too. On civil public good lawsuits brought by procuratorial organ, there is no systematic legislation in our country.The second part defines the concept that the procuratorial organ brings the civil public good lawsuit. The foundation and development of any system must have one's own prior theoretical foundation as support. The place of innovation is the legal theoretical foundation that the procuratorial organ brings the civil public good lawsuit. Namely: 1, The civil prosecuting right of the procuratorial organ. 2, Country intervention. 3, Availability for prosecuting the behaviors of infringing national benefit or social public interests. There are realistic urgencies for the procuratorial organ of our country to bring the civil public good lawsuit.Based on the legal culture background and reality of our country,the third part designs the legal systems and concrete procedures for our procuratorial organ to bring civil public good lawsuits. The system structure includes: 1, Legal status of the procuratorial organ. There are lawsuit party theory, the special plaintiff theory, social public good representive theory, prosecutor theory and legal supervision theory. I agree the prosecutor theory. 2, About ways for the procuratorial organ to bring the civil public good lawsuit, I think among all theories, it is most precise thatprocuratorial organ brings civil public good lawsuit by one starting way. 3, The case ranges for the procuratorial organ to bring the civil public good lawsuit include: encroaching national assets case, damage national benefit case, environmental pollution case, monopolization case and other cases which not only infringe the important rights and interests of citizens, but also endanger public interests and security in the meantime.Procedure structure includes: 1, Procedures before prosecuting. Its concrete content defined by the distinguishing administration power and prosecuting power principle and the administration priority principle. 2, Preparation procedures before trial. By investigating the preparation procedures of foreign countries, I think the content to show relevant evidences should be increased, and the conciliation procedure and judicial procedure should be separated completely. The case that has already been prosecuted but should not be committed for trial is stopped before holding a hearing. 3, Responsibilities of proof. I think that the procuratorial organ should bear the burden of proof, because the procuratorial organ has initiatives and occupies the advantage in ability to put the proof. So it can prevent the procuratorial organ from abusing the power of civil prosecution. Meanwhile, "clear fact, really abundant evidence?should be stipulated as a standard of proving. 4, Balance of defendant and prosecutor. For the procuratorial organ to bring the civil public good lawsuit, will assault the civil fundamental right unavoi...
Keywords/Search Tags:Procuratorial organ, National benefit, Public good lawsuit, Civil public good lawsuit, Prosecuting power, System and procedure construction
PDF Full Text Request
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