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On Administrative Public Interests Litigation

Author: YangDongYun
Tutor: LiuShuBo
School: Changchun University of Science and Technology
Course: Constitutional and Administrative Law
Keywords: Public interest Administrative Public Interest Litigation The construction of the system
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 160
Quote: 0
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Abstract


Public administrative proceedings arising from the need to protect the public interest as to adapt to modern society , a new type of judicial relief system in foreign countries has been widely accepted and the formation of a more mature litigation system . However, in our country due to the lack of legislation to protect the public administrative proceedings , resulting in a large number of administrative public interest litigation practice shut out by the court , and serious damage to the public interest , is not conducive to administration according to law . With the right by the individual standard to the social standard transformation and social development and the gradual improvement of the legal system , the establishment of the Public Interest Litigation has gradually become an important subject of litigation concern . In China, the establishment of the Public Interest Litigation necessity and feasibility the reality major obstacle from the scope of the case , the plaintiff qualification , proof of liability , litigation costs , limiting mechanism and incentive mechanism for public administrative proceedings the specific institutional building, in order to promote the development and improvement of China 's administrative Procedure Law , it can better meet the needs of the socialist modernization construction of the rule of law .

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