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Research On The Pre-lawsuit Procedure Of State-owned Assets Administrative Public Interest Litigation

Posted on:2021-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2416330620969246Subject:Constitution and Administrative Law
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With the continuous development of society,the public is no longer concerned about personal interests,but the public and people's public interests and rights are gradually strong attention,the transformation of the public is bound to lead to the adjustment of social rules,the law as the order of the whole country,should adapt to the new social environment and demands.Therefore,the introduction of public interest litigation is the trend of adapting to the development of the times,and the social problems and contradictions of some public rights and interests are effectively solved to a certain extent.In view of the increasing social situation of the loss of state-owned assets and the fact that the proportion of the public interest litigation in the public interest litigation has been rising,at the same time,through the data statistics,in recent years,The case of administrative public interest litigation accounts for 90% of the total number of cases through the pre-litigation procedure,and the pre-litigation procedure plays an important role in the public interest litigation,and the pre-litigation procedure can play a very good role in the development of the public welfare litigation system.Therefore,based on the public interest litigation of the state-owned assets in the public interest litigation,this paper studies the pre-application procedure of the state-owned assets administrative public interest litigation.The article is divided into four main parts,which is gradually advanced,from the study of the pre-litigation procedure of the state-owned assets administrative public interest litigation,to the value of the system,and to make suggestions through the system architecture to improve the system.The final return to the fundamental writing purpose of the protection of state-owned assets and the public interest.The first part of the article is based on the author's writing,and through the analysis of the theoretical basis of the state-owned assets administrative public interest litigation in the legal theory and the practical basis of the concrete practice,the paper finds out the basis and support of the article writing,and paves the way for the writing of the latter chapters.The second part of the article analyses the value of the procedure before the administrative public interest litigation of the state-owned assets,the role that the system plays in the administrative procedure law,and the establishment of the system to the judicial resource allocation and the power restriction,And the value of the social practice and the value of the legal theory are analyzed in the aspects of maintaining the public interest and the like.The third part of the article is to put forward the idea of the specific structure of the pre-action procedure in the administrative public interest litigation of the state-owned assets,analyze the whole process of the procedure before the application,and take the perfection of the legislative system and solve the problems existing in the present practice of the procuratorial organ as the starting point.It offers some feasible suggestions for its system design.The fourth part of this article is to improve the system of state-owned assets protection and maintain the public interest for the ultimate purpose by analyzing the two main lines of the pre-litigation procedure of the administrative public interest litigation of state-owned assets and the administrative power.Find out the difference between the two in the pre-suit procedure and how to balance the relationship between them.
Keywords/Search Tags:Protection of state-owned assets, pre-litigation procedure system, public interest, power checks and balances, Prosecutorial supervision
PDF Full Text Request
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