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Expansion And Improvement Of Plaintiff Qualifications In Administrative Public Interest Litigation In China

Posted on:2021-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:S H YinFull Text:PDF
GTID:2416330620965743Subject:Law
Abstract/Summary:PDF Full Text Request
The diversification of modern social relations and the complication of public affairs have increased the dependence of state governance on public power.The continuous expansion of executive power has already involved all aspects of social life.The improper exercise of administrative power infringes upon the public interest has occurred from time to time,which has a great impact on the protection of public interest.Therefore,it is urgent to protect the public interest through a sound system.The revision of the Administrative Litigation Law in 2017 marked the formal establishment of an administrative public interest litigation system in China,which filled a gap in the domestic system in this field and laid a solid foundation for the development of China's administrative public interest litigation system.It does not mean that the theoretical and practical research will stop there.The plaintiff is the initiator of the lawsuit,which can ensure the effective operation of administrative public interest litigation,and "plaintiff qualification" is the key to further research.Therefore,it is of great significance to expand and improve the scope of plaintiff qualification in administrative public interest litigation.This article is based on the current administrative public interest litigation system,based on China 's current national conditions and typical cases,combined with the research results of the theoretical world,borrowing useful foreign experience,clarifying the direction of system improvement,and putting forward the concept of improving the plaintiff qualification of administrative public interest litigation in China..The main body of the article is divided into four parts: The first part is the definition of administrative public interest litigation and plaintiff qualification.It mainly expounds the connotation of the concept of “plaintiff qualification in administrative public interest litigation”,so as to clearly study the practical significance of plaintiff qualification in administrative public interest litigation.The second part is the theoretical research and practical development of plaintiff qualification in administrative public interest litigation.On the one hand,it introduces the theoretical and practical research on administrative public interest litigation,especially the plaintiff's qualifications,and contrasts and explains the basic content of the "monolithic model theory" and the "multiple model theory".By explaining the main content of each model theory,To analyze the commonality and personality of various models.On the other hand,it describes the specifics of the plaintiff qualifications in administrative public interest litigation and the current system requirements before and after the public interest litigation trial.The results of exploration in clear practice and the superiority of the current system.The third part is the practical problems of plaintiff qualification in administrative public interest litigation in China.At present,China's procuratorial administrative public interest litigation system has problems such as "the source of the case is too limited","the initiation of pre-litigation proceedings","judicial localization" and other factors restrict the development of litigation activities.Disadvantages of transformation.The fourth part is measures to improve the qualifications of plaintiffs in administrative public interest litigation in China.Based on China's current national conditions,and drawing on the experience of similar systems in foreign countries,it will help improve the related systems in China.On the basis of establishing the status of the diversified model theory in China's administrative public prosecution field,the supporting institutions of the procuratorial organs are fine-tuned.Regulate the responsibilities of the procuratorial organs,ensure that the procuratorial organs exercise their functions in a scientific and standardized manner,and fully protect the public interests of the country and society.Appropriately expand the scope of plaintiff qualifications in administrative public interest litigation,and include public welfare organizations and eligible citizens who are excluded from the current system into the scope of plaintiff qualifications.On the basis of rationalizing the exercise of the administrative public interest litigation right of various subjects,the plaintiff's subject should be prioritized,thereby further enriching and improving China's administrative public interest litigation system.
Keywords/Search Tags:Public interest, Administrative public interest litigation, Subject scope, Plaintiff qualification
PDF Full Text Request
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