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Administrative Public Interest Litigation System

Posted on:2007-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2206360185476851Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Administrative public interest litigation system is an important law system that supports the public advantage and promises the good society movement mechanism , this system has already become one of the most host topics in our judicial acts and social activities , nowadays, there many countries in the world had built up perfect administrative public interest litigation system, and the theory about the administrative public interest litigation is also gradually mature .Our country didn't have any enactment about the administrative public interest litigation, this system hasn't been established in our nation, but, with the development of our society and the development in modernization of legal system, it is inevitable to establish the administrative public interest litigation system in the last. This text divides five chapters to expatiate how set up our administrative public interest litigation system.The first section starts with the study on public accusation of severaltypical countries with different law systems, including common lawsystem and civil law. Then, we make summary on several commonaspects which can benefit launch of our domestic public accusationsystem. The second section analyzes the obstacles of setting up publicaccusation in China at present, which mainly are scope of acceptingcases qualifications of the plaintiff, ect. On this basis, we try to findpossible solution to overcome all those obstacles to perfect the wholesystem. The third section analyzes the theoretic basis and systematicsupport for launching public accusation in China, which includinganalysis of the constitutional government system theories about powercheck, to prove that administrative public interest litigation system isessential. The fourth part inquiries the reasons for setting upadministrative indictment system in China and describes the problemsneed to be solved as to launch such system; The last section forwardsseveral solutions and suggestions on launching administrative publicinterest litigation system in China through perfect law scope of acceptingcases qualifications of the plaintiff.
Keywords/Search Tags:public interest litigation, qualifications of the plaintiff, scope of accepting cases, public advantages
PDF Full Text Request
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