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Research On The Dilemma And Countermeasures Of Prosecutorial Supervision In Administrative Public Interest Litigation

Posted on:2022-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2506306782961349Subject:Litigation Law and Judiciary
Abstract/Summary:
In the context of comprehensively promoting law-based governance,it is the priority among priorities to further strengthen and perfect the legal supervision power of procuratorial organs,and the CPC Central Committee has continuously put forward new requirements for exploring the establishment of a procuratorial public interest litigation system.It can be seen that there is a natural unity between the improvement of the two functions: legal supervision and public interest litigation of the procuratorial organs and the promotion of law-based governance and the modernization of national governance.At present,the rule of law in China has entered a new stage of development,and the key to the work and reform of the procuratorial organs in the future focuses on how the procuratorial organs adjust their functions to adapt to the challenges posed by the procuratorial work in the new era.In this paper,the legal supervision of procuratorial organs in administrative public interest litigation is selected as the research object,and the method of empirical research is adopted to study it.The legal supervision of procuratorial organs in administrative public interest litigation is expounded from the following four parts.In the first part,the inherent meaning of legal supervision and administrative public interest litigation is analyzed to clarify the concepts and characteristics of administrative public interest litigation and legal supervision.In the second part,the empirical research is conducted to analyze 721 judgment documents and summarize the current judicial practice dilemma of procuratorial organs’ legal supervision in administrative public interest litigation.In the third part,the judicial practice dilemma of procuratorial organs’ legal supervision in administrative public interest litigation is analyzed,and the reasons for the above dilemma are analyzed in combination with specific cases.In the fourth part,in view of the above dilemma,countermeasures and suggestions are put forward from the perspectives of perfecting legislation and system construction.It is hoped to make some contributions for the procuratorial organs to fully exert their legal supervision function in administrative public interest litigation.
Keywords/Search Tags:procuratorial organs, the public interest, legal supervision, administrative public interest litigation
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