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Group Litigation System of China’s Administrative Litigation

Author: GaoZhongHong
Tutor: ZhangZhiYuan
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: Group litigation Objective action Public Interest Litigation Groups
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


Mainly to the overall interests of groups or the interests of all members of the group to sue, Overall interests and the interests of all members of both groups are outside of their own interests, for "the Administrative Procedure Law" difficult to protect the interests of the type of,the use of group litigation system for these interests to provide effective relief channels. Since the groups are charged for their own interests outside, so groups with the objective nature of the proceedings proceedings. Types of such proceedings is to protect the objective order, direct the purpose of public law litigation. Therefore, the groups filed suit depends on the policy-oriented legislators, need to be special as the basis for law. In the system of extraterritorial action litigation related study, based on the administrative proceedings on the status of our current analysis that the group action is in response to administrative proceedings within the world development trend of objective. Administrative Procedure Law provides only a subjective action, suit does not provide the objective, if in the future, "Administrative Litigation Law" in the action litigation provides for the existing law is inevitable and the second conflict, how to resolve the plight of the legal system of group litigation has become a major obstacle facing. Action litigation and public interest litigation proceedings with the objective of the legal nature of the cause for such action in terms of types of research both in theory and judicial practice should choose a new perspective, not limited to the then existing theory and institutional framework. The solution lies in tolerance and prudent to take a breakthrough in the existing legal obstacles to the path. Administrative Litigation by expanding, creating an enabling environment for the growth of groups and group litigation system operates in three main aspects of the basic ideas to build relief group litigation way, after the reorganization of administrative proceedings and to Remedy the better protection of the clients on the basis of the legitimate rights and interests, but also better safeguard the public interests and social interests.

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