2008•The Northern ForumRequires access

Some Thoughts on the Public Interests Litigation

Zhiqiang Li

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Abstract

The public interests litigation is widely considered as an effective way to protect social interests. To distinguish it from the private interests ones and design a procedures system reflecting its characteristics, we should strictly define the concept of public interests litigation. Citizens and social organizations should be granted the right to prosecute to better achieve the purpose of safeguarding the public interests and procuratorial authorities' powers should be reasonably arranged. But only public interests reflected in existing legislations can be protected through public interests litigation which should not be expected as a way to make policy decisions.

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The public interests litigation is widely considered as an effective way to protect social interests. To distinguish it from the private interests ones and design a procedures system reflecting its characteristics, we should strictly define the concept of public interests litigation. Citizens and social organizations should be granted the right to prosecute to better achieve the purpose of safeguarding the public interests and procuratorial authorities' powers should be reasonably arranged. But only public interests reflected in existing legislations can be protected through public interests litigation which should not be expected as a way to make policy decisions.

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Available abstract

The public interests litigation is widely considered as an effective way to protect social interests. To distinguish it from the private interests ones and design a procedures system reflecting its characteristics, we should strictly define the concept of public interests litigation. Citizens and social organizations should be granted the right to prosecute to better achieve the purpose of safeguarding the public interests and procuratorial authorities' powers should be reasonably arranged. But only public interests reflected in existing legislations can be protected through public interests litigation which should not be expected as a way to make policy decisions.

Key concepts: Safeguarding, Best interests, Law and economics, Political science, Public interest, Business, Law, Public administration

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