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Study On The Procedure Before Administrative Public Interest Litigation Of The Procurator-ate

Posted on:2021-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q X LiFull Text:PDF
GTID:2416330602487942Subject:legal
Abstract/Summary:PDF Full Text Request
Since the 18th National Congress under the vigorous advocacy of the rule of law,administrative public interest litigation after nearly five years of pilot practice is gradually improving.At the same time,with the complexity of social problems,the administrative organs in various areas of social governance exposed more and more problems,so as to promote the establishment and development of administrative public interest litigation.After several years of pilot practice to gradually expand the scope of application,the procurator organs led by the administrative public interest former litigation procedures have played a very important role in solving the problem of public welfare damage,but also to the relevant social governance of the media public opinion has a significant impact.Therefore,the procurator work of regulating the administrative public good former litigation procedure is an urgent matter,and it is our ultimate goal to make the norm applied to practice.In a large number of research materials on procurator former litigation,some from the point of view of administrative public interest litigation,from the basic principles and other aspects corresponding to the former litigation procedures,some from the procurator organs themselves,with the procurator organs as the core of the legal supervision function,some from the macro perspective of the classification of state governance to examine the development direction of administrative public interest litigation procedu res.Compared with the research of procurator suggestion,other supervisory powers of procurator organs in former litigation procedure can be easily ignored by theoretical construction and practical operation.But the practice in recent years shows that the power of legal supervision of procurator organs plays an important role in the operation of administrative public interest litigation procedure,especially in our country Under the guidance of the Yangtze River economic belt,the environmental damage has gradually formed a working mode worthy of reference from different regions and different fields through the prosecution procedure.In fact,the former litigation procedure itself is derived from practice,its biggest characteristic is to fundamentally serve the social governance and public rights and interests,its mechanism as the administrative organ management and the procurator organ’s legal supervision transition,should with the minimum cost the highest efficiency to prevent or control the public interest damage step.Based on the existing and due legal supervision powers of the procurator organs,this paper analyzes the main deficiencies in the form and content of the supervision powers of the procurator organs in the administrative public interest former litigation procedure.From the theoretical analysis,the procurator organs in the administrative public interest former litigation procedures should be and the actual supervision authority as a clue,in the form of pro-litigation procedures and supervision procedures separate,content to the.procurator direct investigation power and enhance professionalism,so that the procurator in the administrative public interest former litigation procedures not only have legal basis,but also practical authority as a tool,and prove the existence of its work form and content of the relationship and interaction resulting from.Results:From the point of view of legislation to law enforcement in practice analysis,emphasis is placed on analyzing the existing supervision work mode and the space for continuous improvement of procurator organs at all levels through the concrete implementation operation of central and local procurator organs.According to the characteristics of other damage objects and the new situation that may arise in the future,this paper discusses the two aspects of the form and content of procurator organ exercising supervisory power,and then points out that the relationship between procurator organ with administrative organ and professional organization is in a state of confusion in the former litigation procedure.In this way,the integration of the main problems,and the existence of the corresponding problems to give perfect suggestions,so as to effectively help the good development of the procedure before the public interest litigation of the procurator organs,and strengthen the protection of the national and social public interests.
Keywords/Search Tags:Administrative Public Interest Litigation, Former Prosecution Procedure, Lack of Form, Insufficient Content, Perfect Suggestions
PDF Full Text Request
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