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Inspection And Outlet Of Procuratorial Civil Public Interest Litigation Prodedure

Posted on:2023-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZengFull Text:PDF
GTID:2556307094488644Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the rising trend of China’s real economy,environmental pollution,food and drug,personal information and many other illegal acts in the public domain have become more and more frequent,which has seriously damaged China’s social and public interests.With the development of our country’s rule of law,the system of civil public interest litigation proposer by procuratorial organs based on the legal supervision function came into being.The pre litigation procedure has the characteristics of the legality of application first,the specificity of performance mode and the compulsion of subsequent connection,highlighting the value concept of saving judicial resources,improving the enthusiasm of qualified subjects to safeguard public interests and the principle of due process,It plays an important role in civil public interest litigation.However,in practice,the pre litigation procedure presents a virtual situation.Due to the lack of systematic and detailed provisions on the pre litigation procedure of civil public interest litigation in the current legal norms,the problems such as the lack of systematicness of case clues of pre litigation procedure,the narrow scope of supervision objects,the incomplete supervision and prosecution system and the imperfect supporting mechanism are prominent,which seriously restricts the exertion of the legal effectiveness of pre litigation procedure in civil public interest litigation.Therefore,we should take many measures to improve the pre litigation procedure,such as the systematic structure of case clues,expanding the scope of supervision objects,the normative construction of pre litigation supervision and prosecution,and improving the supporting mechanism of pre litigation procedure,so as to make the pre litigation procedure meet the practical needs of civil public interest litigation and promote the high-quality development of civil public interest litigation,in order to more standardize the protection of social and public interests.
Keywords/Search Tags:Pre litigation procedure, Procuratorat, Investigation and verification procedures, Civil public interest litigation
PDF Full Text Request
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