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Procuratorial Ogans Ivolved In Pblic Iterest Ltigation Discussion

Posted on:2016-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:L PeiFull Text:PDF
GTID:2296330482963805Subject:Law
Abstract/Summary:PDF Full Text Request
In the wave of today’s industrial era, from the perspective of national interests and social considerations, the procuratorial organs involved in public interest litigation is necessary, but only if the whole intervention process should be consistent with the requirements of due process. That is involved in the process, it should be sufficiently qualitative prosecution, to the connotation of prosecutorial power and relations in the whole justice system in balance in these areas to prove their participation in public interest litigation is reasonable and legitimate, but it must be integrated into our existing litigation structure to consider, and focus on the level of coordination with the other subject of litigation. In short, in practical operation, the prosecutorial functions to be around to supervise the prosecution, and to investigate and punish lazy through the exercise of authority and dereliction of duty in order to protect the prosecution can really involved in public interest litigation in the past.From the perspective of the first chapter explains the concept of public interest litigation. With respect to private interest litigation, the two mutually independent, its presence there is indispensable position in the public interest which involves what explanation, the evolution from a single payer to diversify.From a practical point of view the second chapter in the domestic and foreign perspective, one each to the mainland, a few representative common law countries, for example, a brief description of the prosecutors involved in public interest litigation related evidence. The conclusion is, regardless of the legal systems are the same, basically supportive attitude. Second is the current situation of the practice of public interest litigation were analyzed for China Construction Litigation Public Interest Litigation practices provide a solid support.The third chapter from the point of view of the legal and practical conditions and legal and policy basis for the theory the prosecution filed public interest litigation, also introduced the prosecution filed public interest litigation in the unique advantages of the theory and practice.The fourth chapter analyzes the concrete practice of controversy and difficulties faced by the prosecution filed public interest litigation, in the construction of related systems must be targeted.The last chapter focused on several important aspects of the prosecution in the filed public interest litigation, including the relevant principles, mention the way and the specific mode to build and so on, with the basis of the preceding chapters discuss the essence, with a view to legislation and the reality of a law enforcement perspective speed up the prosecution filed public interest litigation support. Meanwhile initiate academic colleagues and seniors look forward to the questions raised more penetrating insights to contribute to the protection of public interest.
Keywords/Search Tags:public interest, litigation prosecution, theory, hardship, System Construction
PDF Full Text Request
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