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Establishment Of Plaintiff Qualification Of Administrative Public Interest Litigation In China

Posted on:2016-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:X C CaoFull Text:PDF
GTID:2296330482453494Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative power is the government administrative departments and the public organizations authorized by law to realize the purpose of protecting the public interest, in accordance with the law, the exercise of the will of the state, the public affairs of the public affairs of the right. In recent years, the government departments of the administrative rights continue to expand, the public interest and administrative rights to produce a larger conflict and contradictions, resulting in administrative power to harm the public interest in the event of the event.With the gradual improvement of the rule of law construction, more people understand that the appropriate control of administrative rights and the urgency and the importance of the protection of public interests, the introduction of administrative public interest litigation is imminent. In 2012, China’s "Civil Procedure Law" was amended, first at the legal level, the relevant concepts of public transport litigation, the current application of the "administrative litigation law" and the judicial interpretation, there is no clear regulations who have the qualifications and rights of administrative proceedings. At present, China has already established a public interest litigation system in the field of civil, but the public interest litigation system in the administrative domain must be properly settled the plaintiff qualification, which is the basic condition for the implementation of the administrative public interest litigation system, which has a very important role and significance.The concept of plaintiff qualification in the administrative public interest litigation system is the individual or organization that can be used to carry out the administrative litigation in the name of the law. The emergence and development of the administrative public interest litigation has direct relationship with the application of the interest of litigation, public trust theory and power control theory. In our country, the legal and judicial interpretation of the law and the supreme law of the plaintiff qualification is difficult to correctly judge the public interest litigation cases, in order to protect the judicial practice and the public interest as soon as possible to make up for the legal blank.This paper is divided into four chapters, the introduction and the main text. Introduction describes the origin, significance, purpose and research status of domestic and foreign research. The first part analyzes the theory and concept of administrative public interest litigation case, expounds the definition, connotation and characteristics of administrative public interest litigation case, analyzes the necessity and feasibility of establishing administrative public interest litigation cases. The second part studies the qualification of the plaintiff qualification in the mainland and the United States. The third part mainly introduces the experience of foreign countries in China. At the same time, through the current judicial practice in our country, the procuratorial organs, social organizations, citizens and other subjects in the plaintiff qualification certification process, the problem, proposed to determine the plaintiff qualification of administrative public interest litigation, the content includes to learn from the experience of foreign legislation, expand administrative public interest litigation plaintiff qualifications, establish and improve the plaintiff qualification of administrative public interest litigation. That is to establish the qualification of the plaintiff in the procuratorial organs, the establishment of the social groups, and establish the relevant system of the plaintiff qualification of the civil individual.
Keywords/Search Tags:Administrative public interest litigation, Plaintiff qualification of procuratorial organs, Plaintiff qualification of social groups, Individual plaintiff qualification
PDF Full Text Request
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