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Research On The Qualification Of The Plaintiff In Administrative Public Interest Litigation By Procuratorial Organs

Posted on:2020-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
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The premise of the rule of law government is to administer according to law and strengthen the supervision of government power.It is also the essence of the rule of law governing the country and building a socialist country ruled by law.The promotion of the concept of rule of law and the high requirements of the level of economic development have prompted government departments to constantly improve their own standards of governance,but there are inevitably some local governments in the process of administration according to law,the concept of rule of law is weak,resulting in endless social problems.Social issues are affecting the interests of the vast majority of people,or they are related to the national interests.As an important part of the Administrative Litigation Law,the administrative public interest litigation system has gradually become a means of safeguarding the public interest of the society.After the pilot and actual operation,it has indeed played a pivotal role.The public interest litigation system was formally established in China,but it does not currently have a complete internal system.Whether the procuratorial organ is the appropriate subject of the administrative public interest litigation system,whether it is the only subject that is eligible,and the status of the procuratorial organ in the administrative public interest litigation has not been terminated with the progress of the practice,and the scholars have In the word,these controversies still need to be explored and improved.There are too many scopes that can be explored based on public interest litigation.This article only studies administrative public interest litigation and does not study civil public interest litigation.The first part of the thesis mainly expounds the concept and main principles of the administrative organs in accordance with the law in China.The administrative violations and administrative inactions have caused the infringement of social public welfare and national interests.The birth of the administrative public interest litigation system has made up for it.The relief gap in this regard.However,experts and scholars have different opinions on the administrative public interest litigation system of the supervisory organs,and there are many disputes.This paper focuses on three aspects of the plaintiffs qualifications:the first question is whether the procuratorate has an interest in the accused administrative act;the second question is whether the procuratorate is an administrative relative in the general sense of the Administrative Litigation Law.The third problem is that the Civil Procedure Law allows organizations to file public interest litigation,and why the Administrative Litigation Law prohibits it.The second part mainly discusses the issue of the plaintiff qualification of administrative public interest litigation.The public interest litigation system that can be traced back to the ancient Roman period,due to the uncertainty of the public interest,the scope of its scope and its high degree of abstraction,has not yet been uniformly regulated by Chinese law,and scholars have different opinions on it.At present,domestic academic circles mainly have the following views:The first view holds that all the people have the right to sue.The second view is that only the procuratorial organs can enjoy the right to sue.The third view is that public interest litigation is equal to public prosecution.Under the premise of combining the four stages of the plaintiffs qualifications in the history of our country,the author puts forward the current controversy over the issue of the qualification of the plaintiff in the administrative public interest litigation of the procuratorate.The third part focuses on the plaintiff qualifications that are given to the procuratorial organs for administrative public interest litigation based on theoretical basis and realistic requirements.For the status of procuratorial organs in litigation,the academic circles have the theory of plaintiffs,public interest litigants,legal supervision and public prosecutors.This part mainly discusses the establishment of the identity of the administrative public interest litigation of the procuratorial organs by the theory of public interest litigants,and the development of the existing work and the outstanding problems in the actual work are clarified in combination with the actual work.The fourth and fifth parts mainly take the United States and the United States in the common law system and the German-French countries in the civil law system as an example.The legislative outline of the legislation is inspiration for the administrative public interest litigation of the Chinese procuratorate.In addition,combined with the outstanding problems existing in the actual work of the procuratorate,the system gives an institutional idea.
Keywords/Search Tags:administrative litigation, plaintiff qualification, procuratorial organ, administrative public interest litigation
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