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Analysis of the Public Interest Litigation Issues

Author: LiYanFang
Tutor: ZhangShuYi
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Public interest Public administrative proceedings Stakes Administrative proceedings Administrative acts
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 440
Quote: 1
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Abstract

With China's rapid economic development and the rule of law continue to improve, public administrative proceedings more and more people pay attention, many countries in the world have established a relatively complete system of administrative public interest litigation, public interest litigation on administrative theory increasingly mature. Although our law embodies the spirit of public administrative proceedings, but there is no clear legal provisions. This system makes many legal gaps administrative act violated the public interest is not subject to judicial review or may not be punished by law. Therefore the establishment of appropriate administrative public interest litigation has become an inevitable trend. This paper is divided into four chapters to illustrate a number of issues public administrative proceedings. The first chapter describes the theoretical basis of public administrative proceedings. Public Interest Litigation is \Public administrative proceedings, refers to the \directly to the court proceedings, or to request a specific organ, according to the court by a specific authority to initiate administrative proceedings. \Public Interest Litigation is a public interest litigation, but also the administrative proceedings in one type of litigation. Public Interest Litigation theoretical basis mainly in the following three: the parties theory, welfare rights and rights theory and the theory of constraints restricting powers. The second chapter on foreign Public Interest Litigation research has raised Enlightenment. By examining the Attorney General of the United Kingdom system of parliamentary administrative monitoring system; U.S. citizen litigation, private attorney general system; French ultra vires of the complaint; Japan and other foreign public litigation administrative public interest litigation system for China provides a useful reference Experience. First, despite the world for ordinary people to bring an administrative public interest litigation always make all kinds of restrictions, but in recent years, expanding the scope of public administrative proceedings the plaintiff has become a development trend of modern administrative law. Second, as socio-economic and continuous development of the rule of law, governments invariably expanded the scope of administrative proceedings by the case and adds the kind actionable administrative behavior to adapt to the Public Interest Litigation universal implementation. Third, in order to solve the plaintiffs in public interest litigation administrative eligibility, national courts are no longer blindly adhere to the \Fourth, public administrative proceedings against the trend of continued expansion, in order to ensure the seriousness of the proceedings to prevent the abuse of litigation behavior busybodies, governments have taken measures: Public Interest Litigation filed or required to be based on the legal body for the prosecution, litigation scope clearly defined areas, or public administrative proceedings have special restrictions on the proceedings. The third chapter of our public administrative proceedings existing legislation is analyzed. Constitutional principle of popular sovereignty, protection of human rights principles and the rule of law, the state prosecution in criminal proceedings and civil proceedings in support of doctrine prosecution system, retrial and Protest System, the Supreme Court's judicial interpretation as the public administrative proceedings provide a basis for indirect However, the establishment of administrative public interest litigation system is still the inevitable trend of development of the rule of law. The fourth chapter of our Public Interest Litigation Issues raised some thinking. First, the scope of Administrative Public Interest Litigation in China. Through public administrative proceedings to determine the scope of accepting cases Standard: standard administrative body, administrative standards of conduct, the public interest standard research on public administrative proceedings by the scope of the case made specific vision. Second, the main administrative public interest litigation filed in China. According to China's national conditions, public administrative proceedings should include both private administrative indictment also includes administrative appeal, prosecutors, administrative organs and public functions with organizations or groups and citizens, legal persons or other organizations are entitled to public administrative proceedings the plaintiff qualifications. Third, public administrative proceedings thinking in terms of procedural safeguards. This article from the pre-set program, the parties appeal action, the burden of proof, court costs, litigation awards five areas to expand thinking.

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