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On The Prosecution Filed A Civil Public Interest Litigation Procedure Before Litigation

Posted on:2017-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:M J LiFull Text:PDF
GTID:2346330512953823Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the civil public interest damaged frequent events,such as melamine incident of sanlu group,the dragon river in guangxi cadmium contamination event,caused the social public attention and high tension.Stakeholders excessive pursuit of profit,the public interests is damaged,at the same time caused by a lack of public awareness in the public interest,public relief measures,"tragedy of the Commons" phenomenon inevitably appears.In 2012 the new revision of the civil procedure law of the People’s Republic of China increased the civil public interest litigation system,the judicial official is one important way of civil public welfare benefits.On October 23,2014,the 18 th session of the central committee of the communist party of China deliberated and adopted at the fourth plenary session of the on comprehensively advancing the rule of law of the central committee of the communist party of certain major issue decision "in put forward" exploring the procuratorial organs filed a public interest litigation system ";On May 5,2015,the central comprehensively deepen reform leading group deliberated and adopted at the 12 th meeting of the pilot program of reform of the procuratorial organs filed a public interest litigation,the procuratorial organs into a "powerful" public welfare lawsuit main body.On December 16,2015,the supreme people’s procuratorate of commencing the 12 th procuratorial committee passed the people’s procuratorate filed a public interest litigation measures for the implementation of pilot projects,including before litigation procedure is a major bright spot.Public interest litigation before litigation procedure since the initial set up,the standard is relatively simple,not enough detailed,is not going to give full play to its due role.This article through the comparative analysis,normative analysis,empirical analysis and other research methods to the procuratorial organs filed before litigation of public interest litigation procedure to carry out the analysis,find out the existing problems and perfect suggestion is given.This paper mainly consists of the following seven parts:The first part is the introduction,introduced in this paper,the research background,purpose,significance,research methods and research innovation,lay the foundation for the following argument.The second part is a brief overview of the procuratorial organs filed civil public interest litigation of the basic concepts,characteristics and the plaintiff main body qualifications,this paper introduces the typical of the four countries of the procuratorial organ participating in civil public interest litigation,and mainly demonstrates the procuratorial organs filed civil public interest litigation before litigation procedure connotation,function and legitimacy.The third part of the people’s procuratorate filed a public interest litigation measures for the implementation of the pilot work of the regulations on before litigation procedure has carried on the normative analysis,especially for procuratorial organ to perform before litigation "supervision law authority" in the program of "push" and "Suggestions relevant authorities," the "recommended" has carried on the detailed explanation,and the procuratorial organs filed civil public interest litigation before litigation procedure of performance of the end are analyzed and determined.The fourth part of the selection of the procuratorial organs in different periods of four typical public interest litigation,and has carried on the comparative analysis to these cases,aims to verify the procuratorial organs filed civil public interest litigation before litigation procedure legitimacy theory and comparative procuratorial organs filed civil public interest litigation before litigation procedures and administrative public interest litigation procedure before litigation brought by the procuratorates set purpose.Part v in the above theoretical analysis,normative analysis and empirical analysis based on China’s current procuratorial organs filed civil public interest litigation before litigation procedure to carry out the analysis of existing problems,put forward existed before litigation procedure "empty",start the conditions are not clear,unable to maximize public welfare protection and so on.The sixth part from the start of the clearly before litigation process conditions and content and the responsibilities of the procuratorial organ in the litigation procedures before v.,build public welfare maximum protection to ensure coordination mechanism and the procuratorial organs filed civil public interest litigation before litigation procedure puts forward some Suggestions to improve the handling mechanism,etc.The seventh part is conclusion,it is the research contents and conclusions are briefly summarized in this paper.
Keywords/Search Tags:Civil Public Interest Litigation, prosecutors, pre-litigation procedure, The measures for the implementation of the people’s procuratorate pilot work bring, perfect proposal
PDF Full Text Request
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