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On The Construction And Implementation Of Public Interest Litigation In China

Posted on:2007-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:H Y KangFull Text:PDF
GTID:2206360185979906Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This article appraisals how to build and implement the public interest litigation system. Its basic starting point is to oversee the administrative authority.First it introduces the general principles of public interest litigation, and defines the public interest litigation as administrative litigation area. The public interest litigation has diversity, breadth, binding and preventive. The purpose of building the public interest litigation is to protect the public interests of society and constrain the power of the state.The public interest litigation originated the ancient Rome laws. From 1960 s' the United States has confirmed the status of the public interest litigation in legal provisions and cases. It leaded the attention of the world. Then many countries built the public interest litigation system, for example, France, British, India, Germany, and Japan e.g. The public interest litigation system came to China in 1960 s' . It can provide valuable experience by analyzing the Performance of the he public interest litigation in other countries.Any legal provisions are to achieve the desired objectives of legislators. It is the basic starting point that the public interest litigation oversights administrative power. Then the exposition about the building and implementation of public interest litigation can achieve targets. The chapter IV and chapter V are the cores of this article. They exposit the qualifications of plaintiffs and reception scope of public interest litigation, and the fee of transferring plaintiffs, and encouraging the public interest litigation and so on. Then this article gives some views and suggestions for the implementation of public interest litigation system in china, and then it appraisals changing government attitudes and enhancing the transparency of the government affairs and nurturing the public awareness and litigation consciousness of people and protecting the fairness and efficiency of the law and training the qualities of the Judges, and so on. All of above can make the public interest litigation smooth implemented.At last, it conclusions this paper and forecasts that the public interest litigation will get boom development if it is Institutionalized.
Keywords/Search Tags:Public interest litigation, Citizen right, Oversight right, Plaintiff qualifications, Abstract administration behavior
PDF Full Text Request
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