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The Perfection Of My Country's Administrative Public Interest Litigation System

Posted on:2021-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y S ZhaoFull Text:PDF
GTID:2516306029982219Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China's administrative public interest litigation has gone through five years since the pilot program in 2015.In the practice of administrative public interest litigation in these years,it shows the advantages of procedural prerequisite which is before the administrative public interest litigation with Chinese characteristics,and finds many places that need to be improved,too.Administrative public interest litigation is to safeguard national interests and social public interests.Legislation in this area should be as forward-looking as possible.The newly revised administrative procedure law and the interpretation of the Supreme People's court and the Supreme People's Procuratorate on several issues of the application of law in procuratorial public interest litigation cases have limited provisions for administrative public interest litigation,and many problems need to be solved in practice The author believes that it is imperative to improve the administrative public interest litigation system from the legislative level.Starting from the basic theory of administrative public interest litigation,this paper briefly describes the current situation of China's administrative public interest litigation system,and then analyzes the practice of administrative public interest litigation system in China.By comparing with foreign legislative experience,it puts forward legislation in the following five aspects: the scope of the case,the qualification of plaintiff,the right to investigate before the prosecution,the right of proof in the procuratorial organ,and the execution procedure.At the same time,we should improve the administrative public interest litigation system.
Keywords/Search Tags:Administrative procedure law, administrative public interest litigation, scope of accepting cases, competence of the plaintiff, execution procedure
PDF Full Text Request
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