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The Prosecutor of Public Interest Litigation in Our Country

Author: DongZuo
Tutor: WangShiTao
School: Dalian Maritime University
Course: Legal
Keywords: Public interest Administrative Public Interest Litigation Prosecution of the main Social groups
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 74
Quote: 1
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Abstract


In our country, the administrative public interest litigation is not uncommon , but due to administrative public interest litigation system has not been established , the cases of violation of the public interest is still difficult to get relief . March 11, 2011 , a major earthquake , causing Japan's Fukushima Daiichi nuclear power plant nuclear spill occurred , the incident once again to solve environmental and public events on the agenda next comes naturally to solve a critical the problem , namely how to harm the public interest events the purposes of legal means to safeguard the public interest . Therefore , a critical question is: how to create a legal mechanism for the smooth running of public interest litigation . Which to prosecute the main do not bear the brunt of this first prosecution of the main problems to be solved . About the design of the main body of the system of administrative public interest litigation and prosecution , together , can be roughly divided into two modes : one is the dominant mode of state organs ; community - oriented mode . Procuratorial organs is mainly refers to the dominant model of the state organs to sue as a representative of the public interest mode ; social -oriented mode refers to the mode based on individual citizens , social groups, as the main proceedings . I think that the citizens and certain social groups in our country should be the administrative public interest litigation plaintiff as the main system mode Procuratorate administrative public interest litigation plaintiff sued as a secondary form . Specifically : 1 . Require over - the number of citizens have sued the main qualifications ; social and public interests related to certain social groups have been infringed , given the social groups administrative public interest litigation in the prosecution of the main qualifications ; procuratorial organs filed The Chief Public Interest Litigation range expressly say so. In my view , the right to the plaintiff eligible for the following public interest litigation cases Procuratorate proceedings : first , harming the public interest , but also harm the national interest cases ; Second, the damage to the public interest of all of their spread to particularly broad geographical scope ; third , the All People's Congress at the same level or higher level people 's Congress and its Standing Committee to make clear that matters , prosecution plaintiff qualification in the social and public interests are infringed upon .

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