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Research On The Legal Issues Of Construction Of Administrative Public Interest Litigation Of China

Posted on:2014-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z X CuiFull Text:PDF
GTID:2266330425991902Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China hasn’t established administrative public interest litigation system, but administrative public interest litigation in our country has not a new concept. Scholars have launched a heated discussion, and some cases that are similar with public interest litigation have appeared in litigation practice. Even some scholars have made the draft of administrative public interest litigation in our country, it seems like that this issue has become a hot spot of legislation. In the process of administrative public interest litigation system’s construction, we have lots valuable reference from advanced country under the rule of law. Because they have mature legislative and judicial experience about administrative public interest litigation. With the continuous development of our social economy progress, infringing the state interests and public interests is on and on. However, we can’t prevent the problem that the loss of state-owned assets, the destruction of the ecological environment, the public construction of illegal act, the destruction of cultural relics and so on according to the current legal system, especially for the ordinary citizens to sue. So the construction of administrative public interest litigation system in China is a emergency.This dissertation uses theory analysis, empirical analysis and comparison analysis to research the legal problems of how to construct administrative public interest litigation.Except the introduction, this dissertation is divided into four parts. In the first part, the author discusses the basic legal issues of the concept and theory about administrative public interest litigation. The second part, the author analyses the present situation of China’s administrative public interest litigation and emphatically analyzes the public interest likely cases in the judicial practice of China, the necessity and feasibility of construction public interest litigation. The third part, the author evaluates the administrative public interest litigation legal issues of the United States, United Kingdom, Japan and Taiwan, and based on this, summarizes what can be used for reference to our country. The fourth part, the author puts forward solution of construction of administrative public interest litigation system in China, it includes the plaintiff qualifications, the scope of accepting cases, procedures to ensure, the parties’ right to give up and legal costs.
Keywords/Search Tags:Public Interest, Administrative Public Interest Litigation, Administrative action, Judicial Remedy
PDF Full Text Request
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