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The context of human rights protection to carry out the prosecution 's theory Issues of Public Interest Litigation

Author: HuPo
Tutor: LiDaoGang
School: Shandong University
Course: Legal
Keywords: Public Interest Litigation Protection of human rights Prosecutors Capabilities System Construction
CLC: D925
Type: Master's thesis
Year: 2010
Downloads: 76
Quote: 0
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Abstract


One important feature of a harmonious society is to protect the fundamental rights of citizens, and the maintenance of basic civil rights and the protection of the public interest can not be separated. In the presence of numerous violations of our current public interests and national interests, these behaviors is difficult to be resolved through the normal channels. Legislation and the huge gap between the reality, to a certain extent, hamper the harmonious society and the construction of human rights protection. The public interest litigation is designed to protect the public interest litigation, current, public interest litigation in resolving cases of disputes, the underprivileged, and promote legal and judicial reform, and so the role has become increasingly prominent, but there are still a number of legislative and judicial obstacles. By studying the development of public interest litigation background and causes of difficulties, to explore a series of prosecution filed public interest litigation system and procedures to respond to real needs of society. This article from the perspective of procedural law, adopt a comparative approach, through the domestic and international public interest litigation protection of human rights legislation and practice of research, to understand and learn from foreign procedural law, in order to improve our public interest litigation. Chapter prosecutors conduct public interest litigation legal voices and needs of the times. Public Interest Litigation and the definition of public interest is the study of public interest litigation should first clear the problem, through the development of public interest litigation clearly investigated the origins of the concept of public interest litigation and contact the reality of human rights practice, a clear public interest litigation procuratorial organs to carry out development of the times requirements. Chapter II Foreign Public Interest Litigation and its revelation. The author of the current law in several countries with higher levels of public interest litigation has been systematically combing and comparison according to China's legal system in order to facilitate practice and specific conditions of the relevant system to learn and absorb. PIL for our criminal legislation provides a reference. Chapter III of the prosecution to carry out exploration and practice of public interest litigation present difficulties. Analysis of public interest litigation in the current development of our country, to our country practice charity cases were classified, and from the legislative shortcomings, practical obstacles and theoretical arguments prosecutors to carry out three aspects of the lack of public interest litigation to do the analysis, China is currently on public Criminal proceedings legal system is still not perfect. Chapter IV of the procuratorial organs involved in public interest litigation system construction. Legislative Defects for public interest litigation, public interest litigation by improving the legislative proposal to establish a public interest litigation prosecutors involved in a range of options, rights of action, specific systems and handling procedures.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law
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