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The Procuratorial Organ Initiated A Study On The Administrative Public Interest Litigation System

Posted on:2019-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:H H GuoFull Text:PDF
GTID:2356330548961783Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,administrative public interest litigation has been a hot topic.After two years of pilot work,the administrative public interest litigation system was officially established on June 27,2017.The procuratorial organ has the characteristics of public welfare,legality and supervision.The procuratorial organ has the value of protecting the public interest,promoting the administration of the government and strengthening the supervision of administrative procuratorial work.In comparison,the procuratorial organs filed administrative public interest litigation cases accounted for the proportion of all cases is very small,however,the number of the administrative public interest litigation cases brought by the procuratorates is "a single spark,you can start a prairie fire" rapid development trend.At present,the administrative procedure law clearly stipulates the scope of the plaintiff qualification of administrative public interest litigation,the scope of accepting cases of administrative public interest litigation and the prelitigation procedure of administrative public interest litigation.There are still some problems in the public interest litigation system of China’s procuratorial organs: the scope of accepting cases is too narrow,the distribution system of burden of proof is not perfect,and the system of reconciliation is not perfect.We should improve the scope of accepting cases,improve the distribution system of burden of proof,and establish the system of reconciliation.
Keywords/Search Tags:Administrative public interest litigation, Value, Burden of proof, Scope of accepting cases
PDF Full Text Request
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