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Eliminate The Barrier Of The Administrative Public Interest Litigation

Posted on:2013-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:G Q LiFull Text:PDF
GTID:2246330362466164Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of democracy and legal system,The administrative publicwelfare lawsuit of our country does not only confined to the scope of academicdiscussion, In fact,it has become a hot issue in our country.Through the analysis ofcases, wo can find lots of promblems about the administrative public welfarelawsuit.In Fact,most of the cases will be losing in the last. Even the administrativepublic welfare lawsuit faces defeated many times, This can’t stop people analysisingit.What values do the Public interest litigation cases contain,Why such cases arealways facing losing fate in our country,What reasons block up the administrativepublic welfare lawsuit to develop. Through anlysising the cases,finding theproblems,This will promot the administrative public welfare to develop.For the actulneeds,we shoud analysis it in the depth.This paper tries to analysis the issue by the following parts.The preamble explains the importance of resolving disputes under the rule of lawin modern socity, leading to talking about the administrative public interest litigationas a way to resolve the disputes.But the administrative public interest litigation can’tresolve all the problems,so we need to study deeply.The first chapter discusses the basic theory of administrative public interestlitigation,analysises the law and actual situation,This will be as a bedding.The second chapter mainly discusses the administrative public welfare lawsuit inour country facing the difficulties, for example, The plaintiff qualifications of theadministrative public interest litigaition, The scope of accepting cases and The burdenof proof.In The third chapter,basing on the analysis,The author puts forward some hisown views.At the end,the problems of the administrative public welfare lawsuit still needtheory bound countinuous efforts to explore, to promote the perfection ofadministrative public interest litigation.
Keywords/Search Tags:The Administrative Public Interest Litigation, The Plaintiff Qualifications, TheScope Of Accepting Cases, The Burden Of Proof
PDF Full Text Request
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