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
When initiating public interest litigation,the procuratorates often face the dilemma of choosing between the model of administrative public interest litigation(APIL)and the model of civil public interest litigation(CP...When initiating public interest litigation,the procuratorates often face the dilemma of choosing between the model of administrative public interest litigation(APIL)and the model of civil public interest litigation(CPIL).However,only choosing either model has flaws and shortcomings.Both CPlL incidental to criminal action and that incidental to administrative action are also faced with many confusions and difficulties in concepts and implementation mechanisms.Given the direction of progress,the procuratorates should integrate the inherent institutional advantages of the model of APlL and the model of CPlL to develop an integrated model of procuratorial public interest litigation(PPIL)characterized by oneness and integrity.To this end,revising the dual legislative separation,where the Civil Procedure Law of the People's Republic of China and the Administrative Litigation Law of the People's Republic of China separately regulate public interest litigation,is necessary.Formulating a unified"Public Interest Litigation Law"or"Procuratorial Public Interest Litigation Law"to establish an integrated PPIL model has become an inevitable trend.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
In the face of massive collection and use of personal information in the era of big data,the prevalent cognitive and structural problems have undermined the foundation of personal information self-control.The characte...In the face of massive collection and use of personal information in the era of big data,the prevalent cognitive and structural problems have undermined the foundation of personal information self-control.The characteristics and operational mechanisms of big data have limited the utility of such tools(principles)as notice-consent,purpose limitation,and data minimization.Efforts should be made to shift the paradigm from individual control to social protection.The procuratorial public interest litigation is an important mechanism to practice the social control paradigm.The publicity of personal information is the legitimate basis for procuratorial public interest litigation to intervene in personal information protection.Although notable results have been achieved in terms of procuratorial public interest litigation for personal information protection so far,there is still large room for improvement in terms of case type,scope of claims,litigation rules,and ownership of compensation.Although Article 70 of the Personal Information Protection Law of the People's Republic of China has responded to the existing problems,the provisions are only roughly generalized ones and can hardly offer specific guidance to judicial practice.In future judicial practice,risk prevention should be treated as the main function of the system.Efforts should be made to find more sources of case clues,simplify antecedent procedures,actively explore preventive public interest litigation,and give full play to the exemplary and leading role of procuratorial public interest litigation.Efforts should also be made to further detail causes of action,avoid simplifying"infringement"into"harm,"implement the reversion of burden of proof,and establish sound supporting systems for punitive damages and compensation management.展开更多
The smooth development of procuratorial public interest litigation relates to the timing of the procuratorial power,the interaction between the procuratorial power and administrative power,and the procuratorial power ...The smooth development of procuratorial public interest litigation relates to the timing of the procuratorial power,the interaction between the procuratorial power and administrative power,and the procuratorial power and private rights.Regarding the filing of public interest litigation,the people's procuratorates shall not exercise power crossing the line,taking the principle of restraint as the fundamental requirement and goal,and fully coordinating with the nongovernmental actors and helping them develop.Regarding the relationship between the procuratorial power and administrative power,the essential differences between them should be clarified,and the extent and boundaries should be reasonably defined to avoid confusion and a mixture of powers.Regarding the relationship between the procuratorial power and civil rights,we should adhere to the idea of exercising public power to protect civil rights,pay attention to the balance between public interests and private interests,and avoid the excessive pursuit of public interests at the price of ignoring the protection of private interests.展开更多
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When initiating public interest litigation,the procuratorates often face the dilemma of choosing between the model of administrative public interest litigation(APIL)and the model of civil public interest litigation(CPIL).However,only choosing either model has flaws and shortcomings.Both CPlL incidental to criminal action and that incidental to administrative action are also faced with many confusions and difficulties in concepts and implementation mechanisms.Given the direction of progress,the procuratorates should integrate the inherent institutional advantages of the model of APlL and the model of CPlL to develop an integrated model of procuratorial public interest litigation(PPIL)characterized by oneness and integrity.To this end,revising the dual legislative separation,where the Civil Procedure Law of the People's Republic of China and the Administrative Litigation Law of the People's Republic of China separately regulate public interest litigation,is necessary.Formulating a unified"Public Interest Litigation Law"or"Procuratorial Public Interest Litigation Law"to establish an integrated PPIL model has become an inevitable trend.
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.
文摘In the face of massive collection and use of personal information in the era of big data,the prevalent cognitive and structural problems have undermined the foundation of personal information self-control.The characteristics and operational mechanisms of big data have limited the utility of such tools(principles)as notice-consent,purpose limitation,and data minimization.Efforts should be made to shift the paradigm from individual control to social protection.The procuratorial public interest litigation is an important mechanism to practice the social control paradigm.The publicity of personal information is the legitimate basis for procuratorial public interest litigation to intervene in personal information protection.Although notable results have been achieved in terms of procuratorial public interest litigation for personal information protection so far,there is still large room for improvement in terms of case type,scope of claims,litigation rules,and ownership of compensation.Although Article 70 of the Personal Information Protection Law of the People's Republic of China has responded to the existing problems,the provisions are only roughly generalized ones and can hardly offer specific guidance to judicial practice.In future judicial practice,risk prevention should be treated as the main function of the system.Efforts should be made to find more sources of case clues,simplify antecedent procedures,actively explore preventive public interest litigation,and give full play to the exemplary and leading role of procuratorial public interest litigation.Efforts should also be made to further detail causes of action,avoid simplifying"infringement"into"harm,"implement the reversion of burden of proof,and establish sound supporting systems for punitive damages and compensation management.
基金This article is an achievement of the Major Program entitled Research on Theoretical Innovation and Implementation Mechanism of Modernization of Chinese Public Interest Litigation Funded by the National Social Science Fund of China(No.23&ZD164).
文摘The smooth development of procuratorial public interest litigation relates to the timing of the procuratorial power,the interaction between the procuratorial power and administrative power,and the procuratorial power and private rights.Regarding the filing of public interest litigation,the people's procuratorates shall not exercise power crossing the line,taking the principle of restraint as the fundamental requirement and goal,and fully coordinating with the nongovernmental actors and helping them develop.Regarding the relationship between the procuratorial power and administrative power,the essential differences between them should be clarified,and the extent and boundaries should be reasonably defined to avoid confusion and a mixture of powers.Regarding the relationship between the procuratorial power and civil rights,we should adhere to the idea of exercising public power to protect civil rights,pay attention to the balance between public interests and private interests,and avoid the excessive pursuit of public interests at the price of ignoring the protection of private interests.
