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Research On The Procedure Before Administrative Public Interest Litigation Of Procuratorial Organ

Posted on:2021-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y M HuangFull Text:PDF
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From 2015 to 2018,the system of Administrative Public Interest Litigation was brought into law,and the process before the litigation gradually moved from theoretical research to practical operation.Through thousands of explorations and practices in the trial and popularization,the process before Administrative Public Interest Litigation of procuratorial organ is more and more accepted by the society and becomes an effective way to solve the problems of administrative omission and disorderly action.As the precondition of Administrative Public Interest Litigation,pre-litigation procedure,it makes a great number of Administrative Public Interest Litigation cases not directly enter the stage of administrative litigation of the People's Court,but makes the illegal administrative act concerned by the procuratorial organ be solved.Combining with the design of the pre-litigation process system of Administrative Public Interest Litigation,this paper expounds the concept,connotation,value and function of the pre-litigation procedure,this paper analyzes the situation of the pre-prosecution procedure in practice and the problems such as the harsh starting conditions,the low quality and effectiveness of the procuratorial advice,the unreasonable response time and the unclear standard of the executive branch According to the change of the pre-suit procedure system and the necessity of carrying out the pre-suit procedure,the value of the pre-suit procedure is more prominent,taking into account the efforts made by the procuratorial organs of various places in solving these problems,especially in solving the starting conditions for "etc." cases,to strengthen the supervision of the procuratorial organs,we should introduce the government and the news media to increase the visibility and adopt the ideas of cross-regional and cross-field coordination and cooperation,setting up the changeable period and the system of suspension of litigation,etc.,this paper,based on the case of pre-litigation Procedure handled by the procuratorial organ,makes an empirical study to solve the problems of public welfare,and combs out the internal logic of pre-litigation procedure of Administrative Public Welfare Litigation in China,for the Administrative Public Interest Litigation procedure better faster and more perfect development suggestions.
Keywords/Search Tags:Administrative Public Interest Litigation, pre-litigation procedure, existing problems, perfect conception
PDF Full Text Request
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