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중국행정소송에서 검찰기관(检察机关)의 소제기에 관한 연구
The role of the procuratorial organ in administrative proceedings

  • Journal
    동북아법연구 KCI 등재 Shortcut
  • Issue (Year)
    제6권 제3호 (2013.01) Shortcut
  • Page
    pp.77-88
  • Authors
    盧靑錫
  • Language
    한국어(KOR)
  • URL
    https://www.earticle.net/Article/A191593

원문정보

Abstract

영어
Administrative litigation law plays an important role in solving administrative dispute, but there is still a problem that administrative litigation law has never been corrected during its implementation for more than 20 years, and that has resulted in it lagging behind the development of the society seriously ;it does harm to solving administrative dispute in time to maintain stable social order and improve the efficiency of the administration. As the national prosecuting authority, the procuratorial organ has the right of supervising administrative proceedings according to the provisions of the administrative procedure law , and there has varying opinions about whether this right includes the procuratorial organ fileding administrative proceedings, some people hold positive views, but some others don’t. There is phenomenon of administrative violations that national or public interests are infringed in real life. It urgently needs an eligible subject to initiate administrative public interest litigation standing for country. Because of associating with the public interest , this right should be given to procuratorial organ and it is becoming mainstream ideas and trends. Moreover procuratorial organ can play a role to protect the public interest and to contain administrative rights by fileding administrative proceedings.

Contents

I. 서
 II. 행정소송에서 검찰기관의 소제기의 의의
 III. 검찰기관의 소제기의 가능성에 대한 분석
 IV. 행정소송에서의 검찰기관의 제소대상(起诉对象)
 V. 나가며
 참고문헌
 Abstract

Authors

  • 盧靑錫 [ 로청석 | 연변대학교 법학원 교수 법학박사 ]

Reference

    간행물 정보

    • Journal
      동북아법연구 [Northeast Asian law journal]
    • Frequency
      연3회
    • pISSN
      1976-5037
    • Date range
      2007~2026
    • Registration
      KCI 등재
    • Category
      KDC 369 DDC 341