Reconsideration and Reconstruction of Public Welfare Lawsuit
AO Shuang-hong
Abstract
AO Shuang-hong
Abstract
The modern welfare state positively pursues the public welfare the realization,causing the appearance of the public welfare lawsuit.In our country the dispute of this concept is big: Limited in the administrative proceedings,the civil action,the economical lawsuit,includes three as well as and so on the wide range theory all exists including the criminal prosecution,unable to agree.In the practice,the public welfare lawsuit also presents the difficult aspect,it is necessary to comb,reconsider and reconstruct.The public welfare lawsuit is not suitably discussed from the judicial organ aspect,Considering from the start aspect,it should meet three requirements: By unofficial individual,the legal person or other organizations will mention(mainly will be from now on mass organization),stemming from the public welfare goal,(including procuratorial organization and judicial organization) will seek the judicial relief.
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The modern welfare state positively pursues the public welfare the realization,causing the appearance of the public welfare lawsuit.In our country the dispute of this concept is big: Limited in the administrative proceedings,the civil action,the economical lawsuit,includes three as well as and so on the wide range theory all exists including the criminal prosecution,unable to agree.In the practice,the public welfare lawsuit also presents the difficult aspect,it is necessary to comb,reconsider and reconstruct.The public welfare lawsuit is not suitably discussed from the judicial organ aspect,Considering from the start aspect,it should meet three requirements: By unofficial individual,the legal person or other organizations will mention(mainly will be from now on mass organization),stemming from the public welfare goal,(including procuratorial organization and judicial organization) will seek the judicial relief.
Key concepts: Lawsuit, Welfare, Political science, Law, Action (physics), Public interest, Law and economics, Public welfare