檢察機關(guān)提起行政公益訴訟試點問題與對策研究
發(fā)布時間：2018-11-02 18:59
【摘要】：近年來,各類損害公共利益的事件層出不窮,公共利益該如何保護成為公眾極為關(guān)注的問題。行政公益訴訟就是意在為岌岌可危的公共利益提供救濟。在學(xué)術(shù)界對行政公益訴訟的討論已歷經(jīng)很多年,可以說是否要在我國建立行政公益訴訟,具體該如何建立一直是學(xué)界討論的熱點問題。特別是建立檢察機關(guān)提起行政公益訴訟問題更成為近年來討論的焦點。黨的十八屆四中全會通過的《中共中央關(guān)于全面推進依法治國若干重大問題的決定》,明確提出"探索建立檢察機關(guān)提起公益訴訟制度"。據(jù)此,全國人大常委會以國家最高權(quán)力機關(guān)《決定》的形式授權(quán)最高人民檢察院在部分地區(qū)開展公益訴訟試點工作。至此對檢察機關(guān)提起行政公益訴訟的研究有了試點工作的實踐經(jīng)驗。本文共用三個部分論述相關(guān)問題,并結(jié)合試點工作的實踐經(jīng)驗為完善檢察機關(guān)提起行政公益訴訟制度提出建議。第一部分為理論部分,介紹該制度的理論基礎(chǔ)和實踐依據(jù)。第二部分對試點工作現(xiàn)狀進行了總體分析,包括對試點工作中出現(xiàn)的問題和問題產(chǎn)生的原因進行分析,為下一部分的解決問題做鋪墊。第三部分意在解決案件范圍、起訴原則、案件來源、舉證責(zé)任等問題,提出相應(yīng)的完善建議。本文希望通過對上述問題的詳細(xì)探討與分析,為建立我國檢察機關(guān)提起行政公益訴訟制度提供一定啟發(fā)性幫助。
[Abstract]:In recent years, various kinds of events which harm the public interest emerge one after another. How to protect the public interest has become a problem of great concern to the public. Administrative public interest litigation is intended to provide relief for the precarious public interest. The discussion of administrative public interest litigation in academic circles has been through many years. It can be said that whether to establish administrative public interest litigation in our country and how to establish it has always been a hot issue in academic circles. In particular, the establishment of procuratorial organs to initiate administrative public interest litigation has become the focus of discussion in recent years. The "decision of the CPC Central Committee on promoting the Rule of Law in an All-round way" adopted by the fourth Plenary session of the 18th CPC Central Committee clearly puts forward "exploring the Establishment of a Public interest Litigation system by Procuratorial organs." Accordingly, the standing Committee of the National people's Congress authorizes the Supreme people's Procuratorate to carry out pilot work in public interest litigation in some areas in the form of a decision by the State's highest organ of power. So far the procuratorial organ to initiate the administrative public interest lawsuit research has the pilot work practice experience. This paper discusses the related problems in three parts, and puts forward some suggestions on how to perfect the system of administrative public interest litigation by procuratorial organs in combination with the practical experience of the pilot work. The first part is the theoretical part, which introduces the theoretical and practical basis of the system. The second part of the overall analysis of the status quo of the pilot work, including the problems in the pilot work and the causes of the problems are analyzed, for the next part of the solution to the problem. The third part aims to solve the problems of case scope, prosecution principle, case source, burden of proof and so on. This paper hopes to provide some enlightening help for the establishment of administrative public interest litigation system in our country through the detailed discussion and analysis of the above problems.
【學(xué)位授予單位】：內(nèi)蒙古大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D925.3
[Abstract]:In recent years, various kinds of events which harm the public interest emerge one after another. How to protect the public interest has become a problem of great concern to the public. Administrative public interest litigation is intended to provide relief for the precarious public interest. The discussion of administrative public interest litigation in academic circles has been through many years. It can be said that whether to establish administrative public interest litigation in our country and how to establish it has always been a hot issue in academic circles. In particular, the establishment of procuratorial organs to initiate administrative public interest litigation has become the focus of discussion in recent years. The "decision of the CPC Central Committee on promoting the Rule of Law in an All-round way" adopted by the fourth Plenary session of the 18th CPC Central Committee clearly puts forward "exploring the Establishment of a Public interest Litigation system by Procuratorial organs." Accordingly, the standing Committee of the National people's Congress authorizes the Supreme people's Procuratorate to carry out pilot work in public interest litigation in some areas in the form of a decision by the State's highest organ of power. So far the procuratorial organ to initiate the administrative public interest lawsuit research has the pilot work practice experience. This paper discusses the related problems in three parts, and puts forward some suggestions on how to perfect the system of administrative public interest litigation by procuratorial organs in combination with the practical experience of the pilot work. The first part is the theoretical part, which introduces the theoretical and practical basis of the system. The second part of the overall analysis of the status quo of the pilot work, including the problems in the pilot work and the causes of the problems are analyzed, for the next part of the solution to the problem. The third part aims to solve the problems of case scope, prosecution principle, case source, burden of proof and so on. This paper hopes to provide some enlightening help for the establishment of administrative public interest litigation system in our country through the detailed discussion and analysis of the above problems.
【學(xué)位授予單位】：內(nèi)蒙古大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D925.3
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