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The Research Of Issues About The Procuratorie Filed Public Interest Litigation

Posted on:2017-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChuFull Text:PDF
GTID:2336330488486833Subject:Constitution and Administrative Law
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Public interest litigation is originally called public litigation in the Roman Law, and gradually renamed by public interest litigation in contemporary society. In the 1990s, the concept of pubic interest litigation was introduced to China, which raised a heated discussion in the field. In 2012, according to the Civil Procedure Law, public interest litigation system was established, which marked the landmark breakthrough of the public interest litigation. However, the main body and proceeding of public interest litigation had not been stipulated in details. The civil procedure law just provided abstract regulations of the rights to bring the public interest litigation for relevant organizations and state organs. Whether the state organs included the procuratorate had been controversial. It was not until 2014 that the litigation subject qualification of prosecution was finally confirmed. Released in 2015, the supreme inspection documents stipulated to explore the procuratorate to filed the public interest litigation in 13 pilot provinces. The pilot procuratorate actively respond to this policy, lodging the public interest litigation one after another.This dissertation is divided into five chapters altogether:the first chapter expounds the concept and characteristics of the public interest litigation, analyzing the main body of public interest litigation including citizens, procuratorial organs, social organizations and administrative organs and comparing the advantages and disadvantages of each litigation subject. The second chapter introduces the specific practice and relevant laws and regulations of the procuratorial organs in the judicial practice Including legislative status and practice. However, the public interest litigation of procuratorial organs is not perfect, still many problems in practice. The third, fourth, fifth chapter is the core part of the article. The author uses the method of questioning and answering to divide three questions into three chapters. The third chapter discusses the relationship among supervisory prosecution, supportive prosecution and direct prosecution. Moreover, the fourth chapter discusses the choice of administrative public interest litigation and civil public interest litigation. Finally, the fifth chapter points out the drawbacks of lawsuit procedures and provides promotional suggestions.
Keywords/Search Tags:the procuratorial organ, public interest, litigation model of prosecution, litigation mode
PDF Full Text Request
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