Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with...Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with publication of the Law of Civil Procedures （for trial implementation）.展开更多
Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have...Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have emerged.With the emergence and rise of environmental awareness among the people of Taiwan region,in the face of the increasingly deteriorating environment,Taiwan has taken a series of measures.First of all,Article 9 of the Administrative Litigation Law first stipulates public interest litigation;then,Article 34 of the Basic Law on the Environment clearly stipulates the important documents for public interest litigation.In this paper,it is held that environmental maintenance and improvement is the responsibility of every citizen,not just that of the government.On the path of environmental public interest litigation,every citizen should have the right mindset and response strategies.展开更多
As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by va...As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.展开更多
The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs'legal oversight in t...The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs'legal oversight in the form of litigation,intending to form a legal oversight mechanism between the procuratorial organs and administrative organs.Both the administrative public interest litigation and the procuratorial proposal are included in administrative litigation and thus depend on court judgments.In other words,the extent of oversight is limited under court judgments.Procuratorial organs shall apply the same legality review as the courts.The procuratorial organs shall properly draft the procuratorial proposal under the same criteria of judicial review and not exercise administrative discretion for the administrative organs.The criteria of administrative organs'performance of duties after-action review shall be whether the court is in favor of or against it.展开更多
文摘Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with publication of the Law of Civil Procedures （for trial implementation）.
文摘Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have emerged.With the emergence and rise of environmental awareness among the people of Taiwan region,in the face of the increasingly deteriorating environment,Taiwan has taken a series of measures.First of all,Article 9 of the Administrative Litigation Law first stipulates public interest litigation;then,Article 34 of the Basic Law on the Environment clearly stipulates the important documents for public interest litigation.In this paper,it is held that environmental maintenance and improvement is the responsibility of every citizen,not just that of the government.On the path of environmental public interest litigation,every citizen should have the right mindset and response strategies.
文摘As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.
文摘The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs'legal oversight in the form of litigation,intending to form a legal oversight mechanism between the procuratorial organs and administrative organs.Both the administrative public interest litigation and the procuratorial proposal are included in administrative litigation and thus depend on court judgments.In other words,the extent of oversight is limited under court judgments.Procuratorial organs shall apply the same legality review as the courts.The procuratorial organs shall properly draft the procuratorial proposal under the same criteria of judicial review and not exercise administrative discretion for the administrative organs.The criteria of administrative organs'performance of duties after-action review shall be whether the court is in favor of or against it.
