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Research On The Legislation Of The Procedure Before Dministrative Public Interest Litigation

Posted on:2021-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:G F PanFull Text:PDF
GTID:2416330623984781Subject:legal
Abstract/Summary:PDF Full Text Request
The establishment of administrative public interest litigation has filled the gap of the protection of public interests in the administrative litigation system.The procedure before administrative public interest litigation is important to operating the administrative public interest litigation.Judicial practice has proved that most of the problems of national and social public interest damage can be resolved in the pre-litigation stage,which highlighting the value of the procedure before administrative public interest litigation.However,due to the imperfect provisions of the Administrative Litigation Law and the relative judicial interpretation in regard to the procedure before administrative public interest litigation,the procedure has not been fully realized in judicial practice.This article analyzes the legislative status quo of the procedure before administrative public interest litigation,and explores the legislative problems from the aspects of case clue channels,scope of application,prosecutorial suggestion,reply period,the connection between the pre-litigation procedure and the administrative public interest litigation and so on.For these problems,this article put forward legislative suggestions to improve and optimize the institutional design of the procedure before administrative public interest litigation.
Keywords/Search Tags:administrative public interest litigation, prosecutorial organization, pre-litigation procedure, prosecutorial suggestion, legislative perfection
PDF Full Text Request
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