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The Plaintiff Problem Of Administractive Public Interest Lawsuit Research

Posted on:2012-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2216330371955471Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
process accelerating, the rights of people consciousness, legal consciousness also in the corresponding increase. In this social context, the public interest lawsuit case appears in the theoretical circle on by and judicial practice more and more recognition, through the newspapers, TV and the Internet media such as the spread of a population is concerned about a hot issue. And from the feasibility and practical applications on administrative public interest lawsuit is analyzed, and the establishment of the plaintiff qualification will become the hot topic core.This paper discussed this question for the object, from the basic meaning of administrative public interest lawsuit of the plaintiff qualification system range and types of idea as the core deep points. First discuss the nature of administrative public interest lawsuit and features, this kind of action by the plaintiff qualification for analysis, that the plaintiff is system of administrative public interest lawsuit key point of this finally established a decisive conditions. Then combining foreign system inspection, analysis o f two important legal systems to this kind of action on behalf of the state of the current provisions plaintiff qualification and historical process, that can be used for reference. Analysis of our country's current legislative situation, because of the lack of the related provisions of the system, so there was a series of not harmonious phenomenon, the paper also introduces a about such litigation case by case, of the legislative situation more vivid and detailed analysis. Therefore, sums up the unreasonable situation is due to the reason of the existence of the problem of administrative public interest lawsuit in the legislation of our country the lack of corresponding regulations, make a lot of this lawsuit results to a court to an end, and the social public blow for public interest to maintain enthusiasm, also cannot comply with the whole social spiritual civilization development trend. Drawn out the focus in this paper, namely administrative public interest lawsuit in the establishment of the plaintiff qualification in our country and the specific types, first analyzes the qualification that establish theoretical basis, and based on this with the legal system of our country, the analysis of the establishment of such qualification system foundation. Administrative public interest lawsuit finally established the plaintiff qualification, and of the plaintiff's scope and the types of idea, procuratorial organs, public organizations and individual citizens can become administrative public welfare action of the plaintiff, the comparative analysis of three types of advantages and disadvantages of the plaintiff, it can be concluded that give priority to the procuratorial organs, social organizations and individual citizens, supplemented by a beneficial supplement for the system of ideas. Finally, through the analysis of administrative public welfare action about the prosecution's case, more accurate and vivid of three kinds of the plaintiff type to distinguish.This paper discussed that the purpose of administrative public interest lawsuit plaintiff qualification this problem analysis and thinking, and profits from the other legal scholar, legal workers about the problem discussion results of administrative public welfare action of the plaintiff qualification legislation idea of rational problems must be level of analysis. And the use of the induction, deduce, example, contrast DuoZhong discussion method, eventually completed the this article, hope to the formation of this article, the administrative litigation system in our final play a positive role in the building.
Keywords/Search Tags:administrative public interest lawsuit, the plaintiff qualification, the plaintiff type
PDF Full Text Request
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