Font Size: a A A

On The Plaintiff’s Qualification Of Administrative Public Welfare Litigation

Posted on:2013-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:T ChenFull Text:PDF
GTID:2246330371482036Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative Public Welfare Litigation is an important legal system which cansafeguard the public interest and guarantee good social order. The plaintiff qualification inadministrative litigation for public interest is the definition for who can file the administrativepublic welfare lawsuit so as to uphold the public interest,this problem is the key point of theAdministrative Public Welfare Litigation system.Because of the tie of the traditional thoughtsuch as“no interest is no claim”,and due to lack of the right plaintiff,most of the litigationwhich violate public benefits is difficult to obtain the effective legal relief.In this case,it isnecessary to establish the the Plaintiff’s Qualification of Administrative Public WelfareLitigation.We need draw lessons from the development experience of Western countries ,explore therelevent theory and combine with our country’s actual situation to give definition of thePlaintiff’s Qualification of Administrative Public Welfare Litigation.the theory is to be servedfor the practice,so this pater is from five aspects to research the problem of the Plaintiff’sQualification of Administrative Public Welfare Litigation.First, what is the AdministrativePublic Welfare Litigation and to sumarizethe Plaintiff’s Qualification.Second, what is thegeneral theory of the Plaintiff’s Qualification of Administrative Public Welfare Litigation.Third,the necessity and feasibility to confirm our country’s the Plaintiff’s Qualification ofAdministrative Public Welfare Litigation.Forth, Drawing the lessons from the westerncountries .And the fifth, the suggestion of perfect the Plaintiff’s Qualification ofAdministrative Public Welfare Litigation.In the process of writing,I draw the knowledge and research resultes at home and abroad,select the United Kingdom as the represatative of the Department of England and Americanlaw,and the Germany as the represatative of the civil Law Seystem as the example. Byanalyzing the different countries, legal systems, to determine its reasonableness. Theintegrated use of comparative analysis, literature analysis, conceptual analysis, lessons learned,history dialectically examine the qualifications of the administrative public interest litigationthe plaintiff, and strive to achieve a comprehensive, thorough, and detailed grasp of this topic.Administrative proceedings the plaintiff eligible for application in judicial practice, to meet theeconomic and social development needs, fill gaps, improve the legal system of administrativelitigation.
Keywords/Search Tags:Administrative Public Welfare Litigatio, he Plaintiff’s Qualification, the Plaintiff’s Qualification of Administrative Public Welfare Litigation
PDF Full Text Request
Related items