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Expand Research On The Scope Of Procuratorial Public Interest Litigation Cases

Posted on:2022-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:J R YangFull Text:PDF
GTID:2516306488464524Subject:legal
Abstract/Summary:PDF Full Text Request
The public interest litigation system initiated by the procuratorial organs is a major decision made by the Party Central Committee,and the implementation in our country has its unique judicial practice value.From the launch of the pilot public interest litigation system to the full implementation of the system,China's public interest litigation prosecution work has made a lot of achievements in safeguarding the national interets and public interests of the society.However,there are still many issues that need further theoretical research,such as the definition of the concept of public interest and the exploration of the scope of prosecutorial public interest litigation cases.The Fourth Plenary Session of the 19 th CPC Central Committee put forward the need to expand the scope of public interest litigation cases,which is a higher requirement for public interest litigation in the new era.The scope of public interest litigation cases is the key premise of the litigation proceedings.The confirmation of the case scope directly determines the work of the procuratorial organs to initiate public interest litigation and the development of China's public interest litigation prosecution system.The Chinese law makes regulations about the scope of public interest litigation by the procuratorial organs in summary and enumeration mode,including the ecological environment and resource protection,food and drug safety,the protection of state-owned property,the transfer of state-owned land use rights,the protection of heroes and martyrs statutory areas.However,the scope of authorized cases cannot meet the public demand for protection of public interest,so it is an urgent issue to expand the scope of public interest litigation cases.This paper intends to analyze the relevant concepts of public interest litigation at the beginning,combined with local legislation and practical exploration experience.And then,the following part will mainly make reflection on the limitations of the current scope of public interest litigation cases in our country.At last,in order to find a feasible way to protect the national interests and public interests of the society,this part will try to explore and analyze the necessity of expanding the scope of public interest litigation.
Keywords/Search Tags:public interest, prosecutorial public interest litigation, scope of the case, expansion path
PDF Full Text Request
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