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Administrative Public Interest Litigation Study On The Connection Between Pre-litigation Procedure And Litigation Procedure

Posted on:2020-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:H GuoFull Text:PDF
GTID:2416330575962374Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The "pre-litigation procedure" and "litigation procedure" in administrative public interest litigation provide double protection for the maintenance of public interests.It is of great significance to study the linking mechanism of the two procedures for the rational distribution of judicial resources and the reasonable restriction of administrative power.At present,in view of the fact that administrative public interest litigation has not been implemented nationwide for more than three years,the connection system of "pre-litigation procedure" and "litigation procedure" still needs to be refined.This paper aims to provide theoretical support for the perfection of the connection between the two procedures in administrative public interest litigation by studying this issue.There are many problems about the connection between "pre-litigation procedure" and "litigation procedure",such as the imperfection of "pre-litigation procedure",the unclear time of connection,the unclear standard of connection,the inconsistency between procuratorial suggestions and the content of indictment,and so on.These problems affect the exercise of public prosecution rights by procuratorial organs.Therefore,it is a key issue to refine the provisions of the convergence of administrative public interest litigation procedures and solve these problems.In solving the problem of convergence of administrative public interest litigation procedures,we should follow four basic principles,namely,the principle of exhaustive relief,the principle of checks and balances of power,the principle of efficiency priority and the principle of public welfare.Under the existing system of convergence of administrative public interest litigation procedure,these four basic principles have important guiding significance for improving the convergence procedure.Under the guidance of the four basic principles,the legislative purpose of the administrative public interest litigation system is clarified,and the legislative purpose is taken as the starting point.Faced with the problems arising from the procedure convergence,four suggestions are put forward,namely,improving the "pre-litigation procedure";defining the convergence criteria;establishing the time limit for convergence;and unifying the content of procuratorial proposals and indictments."Pre-litigation procedure" is the pre-procedure of administrative public interest litigation,standardizing "pre-litigation procedure" is conducive to the standardization and rationalization of procedural convergence,but also helps to coordinate therelationship between procuratorial organs and administrative organs;determining the convergence criteria and time limit helps to maximize the role of administrative public interest litigation,achieve the legislative purpose of administrative public interest litigation,and save the Department at the same time.Legal resources are conducive to maximizing the protection of public interests.Unifying the contents of procuratorial proposals and indictments means that procuratorial organs can protect public interests more specifically.As far as the full text is concerned,there are two innovative points in the article.The first is angle innovation.The author puts forward suggestions on perfecting administrative public interest litigation from the perspective of "procedure convergence".The second is the innovation of viewpoints,aiming at the problems arising from the "procedure convergence",this paper puts forward innovative solutions.For example,defining the specific time limit of "procedural convergence" and establishing the procedural convergence standard of combining performance rectification and follow-up investigation,the proposals of these views provide a reference for the improvement of the follow-up administrative public interest litigation system.
Keywords/Search Tags:administrative public interest litigation, pre-litigation procedure, litigation procedure, link up
PDF Full Text Request
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