检察机关提起行政公益诉讼试点问题与对策研究
发布时间：2018-11-02 18:59
【摘要】：近年来,各类损害公共利益的事件层出不穷,公共利益该如何保护成为公众极为关注的问题。行政公益诉讼就是意在为岌岌可危的公共利益提供救济。在学术界对行政公益诉讼的讨论已历经很多年,可以说是否要在我国建立行政公益诉讼,具体该如何建立一直是学界讨论的热点问题。特别是建立检察机关提起行政公益诉讼问题更成为近年来讨论的焦点。党的十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》,明确提出"探索建立检察机关提起公益诉讼制度"。据此,全国人大常委会以国家最高权力机关《决定》的形式授权最高人民检察院在部分地区开展公益诉讼试点工作。至此对检察机关提起行政公益诉讼的研究有了试点工作的实践经验。本文共用三个部分论述相关问题,并结合试点工作的实践经验为完善检察机关提起行政公益诉讼制度提出建议。第一部分为理论部分,介绍该制度的理论基础和实践依据。第二部分对试点工作现状进行了总体分析,包括对试点工作中出现的问题和问题产生的原因进行分析,为下一部分的解决问题做铺垫。第三部分意在解决案件范围、起诉原则、案件来源、举证责任等问题,提出相应的完善建议。本文希望通过对上述问题的详细探讨与分析,为建立我国检察机关提起行政公益诉讼制度提供一定启发性帮助。
[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.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：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.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
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