Traditional Culture Encyclopedia - Traditional festivals - What are the problems in the communication between the court and the procuratorate in public interest litigation?
What are the problems in the communication between the court and the procuratorate in public interest litigation?
It means that the accused behavior infringes or harms the social and economic public welfare, and generally does not directly harm the plaintiff's private interests. In the case of direct damage to pure private interests, only traditional litigation means can be resorted to. As the biggest defender of their own interests, individuals should and very consciously bring a lawsuit to the court to safeguard their legitimate rights and interests.
There are many realistic reasons for the predicament of public interest litigation, but the main reason is the lack of clear legal basis for public interest litigation in China. Article 108 of China's civil procedure law stipulates that the prosecutor must be a citizen, legal person and other organization with a direct interest in the case; Article 4 1 of the Administrative Procedure Law stipulates that the plaintiff who brings a lawsuit must be a citizen, legal person or other organization who believes that a specific administrative act infringes upon his lawful rights and interests. The general understanding of these provisions is that only citizens, legal persons and other organizations can bring a lawsuit to the people's court as plaintiffs because their legitimate rights and interests are infringed or have disputes with others, requesting the people's court to exercise jurisdiction to protect their legitimate rights and interests, while citizens, legal persons and other organizations that have no direct interest in the case have no right to bring a lawsuit to the people's court. In judicial practice, judicial activities are also carried out in accordance with the above understanding.
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