On the fairness of administrative public interest litigation system of procuratorate organ
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D925;D926.3

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    Abstract:

    Although the public interest litigation of procuratorate administration emerges for the protection of public welfare, its essence is still a kind of litigation, and its procedural rules should follow the principle of justice. At present, the law and judicial interpretations only stipulate the principle of the procuratorate administrative public interest litigation system, but there are still some factors that affect the fairness of the litigation, such as the vague role of the procuratorate organ, the lack of specific standards for the initiation of the litigation, and the unclear distribution rules of the burden of proof. It is urgent to strengthen the fairness of the procedure from the aspects of restricting the arbitrariness of procuratorate organs, ensuring the scientificity of procedure and the neutrality of judges, guaranteeing the equality of procedure and the participation of administrative organs, so as to ensure that the construction of procuratorial administrative public interest litigation system conforms to the nature and law of litigation.

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金涛,吴如巧.检察行政公益诉讼制度的公正性检视[J].重庆大学学报社会科学版,2020,26(4):184~195

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History
  • Received:April 28,2020
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  • Adopted:
  • Online: August 17,2020
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