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Research On Procuratorial Organs Of Administrative Public Interest Litigation Investigating Nuclear Power

Posted on:2019-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q H XuFull Text:PDF
GTID:2416330590963257Subject:Law
Abstract/Summary:PDF Full Text Request
In order to strengthen the protection of national and social public interests,the Standing Committee of the Twelfth National People's Congress authorized procuratorial organs to carry out public interest litigation pilot projects in the fields of ecological environment and resources protection.Since then,the Administrative Procedure Law and the Civil Procedure Law have been amended successively,and the public interest of procuratorial organs has been clearly stipulated.Right of action in interest litigation.This marks that the procuratorial department symbolizes a kind of "national power" on the stage of public interest litigation."Without investigation,there is no right to speak." Investigation and evidence collection is an important link in the prosecution organs' handling of public interest litigation cases.Success in administrative public interest litigation and the correct exercise of supervision function depend on the investigation and verification of evidence materials by procuratorial organs.Therefore,the right of investigation and verification is the necessary prerequisite and guarantee for raising administrative public interest.However,the "Measures for the Implementation of the Pilot Work of the People's Procuratorate in Initiating Public Interest Litigation" stipulates that the right of investigation and verification is only principled,and does not involve the specific system construction.Although many scholars have studied the issue of administrative public interest litigation brought by procuratorial organs,they have not explored the characteristics,principles,scope and procedures of the investigation and verification right,and faced many difficulties at the specific operational level.Therefore,it is of great significance and far-reaching significance to study and conceive the right of investigation and verification exercised by procuratorial organs in bringing up administrative public welfare.Guided by the theory of public interest litigation and drawing on the evidence investigation power of foreign procuratorial organs in the field of civil and administrative litigation,this paper conceives the investigation and verification power system of procuratorial organs in China's administrative public interest litigation by means of comparative study.
Keywords/Search Tags:Administrative public interest litigation, Procuratorial organ, Investigation and verification power, configur
PDF Full Text Request
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