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Study On Ways Of Inspection Organizations Participate In Administrative Commonwealth Litigation

Posted on:2016-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y D LiuFull Text:PDF
GTID:2296330470468532Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of the times, the progress of economy, people’s legal consciousnessis gradually improving, the public interest litigation this topic has attracted more and more attention. After all, behind today’s rapid economic development must be sacrificed.However, in recent years, against the social and public interests team added a casual visitor -- administrative organs. In judicial practice, illegal administrative acts ofadministrative organs infringe many common welfare society and citizens, and behind these violations and the loss is not only the state and the interests of the masses of the loss is reduced, the credibility of the government, greatly hindered the development process of China’s rule of law. Even more angry is illegal administrative behavior sometimesaggravated the damage. In case of environmental pollution, environmental pollution in China. In the task of maintaining the administrative organs on the shoulder, to theEnvironmental Protection Bureau of administrative organs at the moment doing work for the environmental pollution in china. But as time goes on, the system is not perfect, in the face of environmental pollution, the administrative organs began to appear not as administrative, administrative chaos as other illegal activities.It is precisely because of these acts, the phenomenon of China’s environmental pollution will be intensified. In the end the administrative action to the EPA led by administrative organs who supervise? The traditional internal supervision system in this context whether can then apply? This has become the current educational world hot and focus.In many ways, the administrative public interest litigation has become the most favorable measures and solutions. It is a pityfrom judicial practice and China’s current legislation on the legislators, does not recognize the administrative public interest litigation system in the true sense, it can be said that hasnot existed system of administrative public interest litigation system in our country. The new China promulgated the "Civil Procedure Law" public interest litigation against the new rules,namely the behavior law of the relevant organs and organizations of society violations ofcommon social welfare can bring a lawsuit to the relevant authorities. This provision for ourpublic interest litigation system can be said to be timely assistance, timely solve the lack ofthe legal system of public interest litigation awkward. But we must also see, this provision is a general requirement, the legislator has not issued a detailed regulations for further explanation, which brings great obstacles to the judicial practice. Administrative public interest litigation with respect to civil and administrative public interest litigation, the particularity of the subject makes the administration of administrative public interest litigation is more difficult in the judicial practice, and whether the subject qualification, also become the focus of many of the administrative public interest litigation dispute, therefore,a lot of people to abandon the administrative public welfare lawsuit by the court or shut sb.But at this time, if can make the increase of the prosecutors involved in administrative public interest litigation, will greatly promote the development of public interest litigationsystem in china.This paper is mainly divided into five parts. The first part is the introduction, theprocuratorial organs involved in administrative public interest litigation, research status,research purpose and background and research methods. The second part is to analyze the background and current status of the administrative public interest litigation:Analysis on the connotation of the administrative public interest litigation and characteristics,starting from a case, the administrative public interest litigation status analysis and foreignadvanced legislative experience. The third part mainly addresses the drawbacks of the existing administrative public interest litigation filed and this way. The fourth part is to pave the way for the expression of the author’s point of view, namely the prosecution involved in the necessity of administrative litigation and should comply with the principle of.The fifth part is recommendations about how the procuratorial organs can take in part to the administrative public interest litigation.
Keywords/Search Tags:procuratorial organs, administrative litigation, direct prosecution, litigation support, supervision and prosecution
PDF Full Text Request
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