论我国行政人诉制度的构建
发布时间：2018-11-03 19:29
【摘要】：我国的《行政诉讼法》明确和规范了行政诉讼模式,从实践上来看,为解决由来已久的“民告官”问题提供了有效平台,在一定程度上既遏制了行政机关权力,又保障了公民的合法权益,更是依法治国的集中体现之一。但是,由于行政诉讼法本身规定的诉讼种类不多,在制度设计方面存在不足,对于行政机关的权力制约力度还需要进一步加强等等。因此,必须构建我国的行政公诉制度来解决这些问题。本文共分为六个部分：第一部分从行政公诉的概念、显现的特征以及与普通行政诉讼的比较来对行政公诉进行概述；第二部分从现代诉权等理论对建立行政公诉制度基础进行论述；第三部分主要阐述了行政公诉制度在世界主要法系里的发展情况,并根据我国实际进行分析和借鉴；第四部分主要是从权力制衡的需要、保障依法行政的需要和维护公共利益目的等方面,论述构建行政公诉制度的必要性；第五部分主要是从客观条件具备、提起行政公诉适格主体等两个方面来阐述构建行政公诉制度的可行性；第六部分主要是提出构建行政公诉制度的一些建议：首先阐述了进行行政公诉的基本原则,然后阐述了行政公诉的受案范围,最后对于行政公诉如前置程序、诉前程序等基本程序进行了初步的构思。
[Abstract]:The Administrative Litigation Law of our country clarifies and standardizes the mode of administrative litigation. In practice, it provides an effective platform for solving the long-standing problem of "people suing officials", to a certain extent, it has restrained the power of administrative organs. Also protect the legitimate rights and interests of citizens, but also a concentrated embodiment of the rule of law. However, there are not many kinds of litigation stipulated in the Administrative procedure Law itself, and there are some deficiencies in the design of the system, so the power restriction of the administrative organs needs to be further strengthened and so on. Therefore, we must construct our administrative public prosecution system to solve these problems. This article is divided into six parts: the first part from the concept of administrative prosecution, the characteristics of the manifestation and compared with the ordinary administrative proceedings to summarize the administrative prosecution; The second part discusses the foundation of establishing the administrative public prosecution system from the theory of modern right of action, the third part mainly expounds the development of the administrative public prosecution system in the world's main legal systems, and analyzes and uses for reference according to the actual situation of our country. The fourth part mainly discusses the necessity of constructing the administrative public prosecution system from the needs of power checks and balances, the need to protect the administration according to law and the purpose of safeguarding the public interest. The fifth part mainly expounds the feasibility of constructing the administrative public prosecution system from two aspects: the objective conditions and the suitably subject of administrative public prosecution. The sixth part mainly puts forward some suggestions to construct the administrative public prosecution system: firstly, it expounds the basic principles of administrative public prosecution, then expounds the scope of accepting the case of administrative public prosecution, and finally, for administrative public prosecution, such as pre-procedure. The prelawsuit procedure and so on basic procedure has carried on the preliminary idea.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.3
本文编号：2308766
[Abstract]:The Administrative Litigation Law of our country clarifies and standardizes the mode of administrative litigation. In practice, it provides an effective platform for solving the long-standing problem of "people suing officials", to a certain extent, it has restrained the power of administrative organs. Also protect the legitimate rights and interests of citizens, but also a concentrated embodiment of the rule of law. However, there are not many kinds of litigation stipulated in the Administrative procedure Law itself, and there are some deficiencies in the design of the system, so the power restriction of the administrative organs needs to be further strengthened and so on. Therefore, we must construct our administrative public prosecution system to solve these problems. This article is divided into six parts: the first part from the concept of administrative prosecution, the characteristics of the manifestation and compared with the ordinary administrative proceedings to summarize the administrative prosecution; The second part discusses the foundation of establishing the administrative public prosecution system from the theory of modern right of action, the third part mainly expounds the development of the administrative public prosecution system in the world's main legal systems, and analyzes and uses for reference according to the actual situation of our country. The fourth part mainly discusses the necessity of constructing the administrative public prosecution system from the needs of power checks and balances, the need to protect the administration according to law and the purpose of safeguarding the public interest. The fifth part mainly expounds the feasibility of constructing the administrative public prosecution system from two aspects: the objective conditions and the suitably subject of administrative public prosecution. The sixth part mainly puts forward some suggestions to construct the administrative public prosecution system: firstly, it expounds the basic principles of administrative public prosecution, then expounds the scope of accepting the case of administrative public prosecution, and finally, for administrative public prosecution, such as pre-procedure. The prelawsuit procedure and so on basic procedure has carried on the preliminary idea.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.3
【参考文献】
相关期刊论文 前4条
1 姜明安;;行政诉讼中的检察监督与行政公益诉讼[J];法学杂志;2006年02期
2 赵德铸;论行政公诉[J];济南大学学报(社会科学版);2005年01期
3 王加尧;马骏;;建立行政公诉制度是行政诉讼制度发展的必然选择[J];人民检察;2006年07期
4 孙谦;;设置行政公诉的价值目标与制度构想[J];中国社会科学;2011年01期
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