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China 's prosecution filed administrative public interest litigation system build

Author: HuangAiHua
Tutor: ShenFuJun
School: East China University of Politics and Law
Course: Constitutional and Administrative Law
Keywords: Procuratorial organ Public intrests Litigation in Administration Legal systems Set-up
CLC: D926.3
Type: Master's thesis
Year: 2006
Downloads: 199
Quote: 0
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Abstract


Legal status of Procuratorial organ making public interest action,which indicates the Procuratorial organ make prosecution to People’scourt to ensure that Procurator represents state to orates exercise legalsupervision and safeguard the state interests and public interests. Thesystem of Procurator making public interest action carried on in foreigncountry very early, but no clear regulation in China law.Administrative Procedure Law of the People’s Republic of Chinaregulates Citizen a legal person or other public organizations shall havethe rights to bring a suit before a people’s court in accordance to lawif an administrative organ is considered to have infringed upon otherrights of person and property. But the scope of administrative actionsnot Only exclude judicial supervision of the abstract administrativeactions of infringement the state interests and public interests, but alsocause Citizen a legal person, or other public organization can not bringthe suit because of no law interest related in. At the other band.Procuratorial organ have the responsibility of protecting the lawfulrights and interests of citizens, legal persons and other organizations,as well as supervising the exercise of administrations. So conflict isobvious. But now, there exists many cases of infringement the rights ofperson and the state and pubic interest in reality. So the improvement and enlargement of the scope the judicial review of administrative actionin China is very necessary.So this article based on theory of the Administrative Procedure Law,made a comparative study of China’s s Administrative Procedure with itsequivalents in other states, clear analysis the limitation of currentscope of administrative actions, rise the proposal of Procuratorial organas law subject should bring the suits and represents state to oratesexercise legal supervision and safeguard the state interests and publicinterests, Furtherly author also make some suggestion of procedure ofAdministrative Procedure Law. Hope this artical will be helpful for theimprovement and amendment of administrative action.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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