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Execution Problems And Countermeasures Of Administrative Public Welfare Cases

Posted on:2018-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:M M MaFull Text:PDF
GTID:2336330512484417Subject:Law
Abstract/Summary:PDF Full Text Request
The execution of administrative public interest litigation cases is an effective judgment on the administrative public interest litigation judgment.When the administrative organ fails to perform it,the people 's court shall take compulsory measures according to law to enable the rights and obligations established by the judgment to be realized.On July 1,2015,the 15th session of the 12th session of the Standing Committee of the 12th National People's Congress(NPC)made a decision on authorizing the Supreme People's Procuratorate to carry out pilot work on public interest litigation in some areas and opened a new chapter in public prosecution litigation.However,since the development of self-government public interest litigation,the focus of theoretical and practical factions has focused on the stage of prosecution and trial,and has paid little attention to the execution of administrative public interest litigation.After the reform of the pilot after the prosecution found in the case for the study material,analysis of administrative public interest litigation after the execution of difficult problems.The first part,the summary of the execution of administrative public interest litigation cases.This part mainly introduces the practice of administrative public interest litigation and realistic problems in the execution of cases after administrative public interest litigation.In the second part of this paper,taking the first administrative public interest litigation in Hubei Province as the breakthrough point,this paper discusses the dilemma of administrative organs after administrative public interest litigation.The third part,administrative public interest litigation after the prosecution of the dilemma.This part introduces the judicial practice of the procuratorial organs after the administrative public interest litigation and the relevant provisions of our law.The fourth part,the administrative public interest litigation cases the execution of the people's court difficulties,this part introduces the people's court for the administrative public welfare cases,in the execution process of the specific problems.The fifth part,some suggestions on promoting the execution of administrative public interest litigation.In this part,I made three recommendations:First,giving the administrative organ the right to apply to the people's court for enforcement;Second,the procuratorial organs urge the people 's court to initiate the enforcement procedure;Third,the court may grant the executive to enforce the contents of the judgment.It is of great practical significance to explore the execution of administrative public interest litigation and to build a sound execution procedure that will help promote the development of administrative public interest litigation in our country.It is of great practical significance to safeguard national interests and social public interests and promote the performance of administrative organs according to law.
Keywords/Search Tags:Administrative public interest litigation, procuratorial organs, administrative organs, courts, enforcement
PDF Full Text Request
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