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A Study in Administrative Public Interest Litigation Plaintiff System

Author: NongQiuLan
Tutor: WeiJun
School: Guangxi University for Nationalities
Course: Procedural Law
Keywords: the administration litigation for public interest the qualification of plaintiff
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 75
Quote: 1
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Abstract


With the complexity of modern society, just in the administrative zone there is a constant expansion of executive power, virtually every corner exist the executive power in our social life .Complexity of society has spawned changes in the pattern of social interests, such changes also contributed to the diversification of subjects of interest. In modern society, protecting the interests of individual mechanisms have been basically matured, but the protection of the public interest means a serious lack of relief. The Administrative Public Interest Litigation have been produced and developed in this social context. The so-called administrative public interest litigation is authorized by law to the subject of infringement of national interests, social interests of the administrative dutifulness or undutifulness to the courts, according to a decision by the court’s judicial activities. Administrative public interest litigation system have basically been established and the practice of protecting the interests of the public has played an active role in the more developed countries. In order to establishing the administrative public interest litigation system, we solve the problem for the case of areas, but also research into the plaintiff for its qualification system. In our country there have been made special provisions to protect the public interest in the law, but the relief procedures and operation mechanism lacked. There haven’t been established the current legal administrative public interest litigation system, the biggest controversy of the system is the subject of proceedings, object and litigation purposes, in particular, there is a big controversy over the subject of proceedings that the Administrative Public Interest Litigation qualification system built on the plaintiff. No administrative public interest litigation plaintiffs who are appropriate, no way to start the administrative public interest litigation to protect the public interest.China’s theoretical circles and practice of administrative public interest litigation the plaintiff qualified for the formation of a specific building consensus, but the main point of contention is basically the prosecution, personal and social organization. This paper attempts to build a system of the administrative public interest litigation plaintiff through the foreign plaintiff eligible for public inspection systems and China’s domestic situation in a reasonable reference.

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