Reflection and Optimization of the Barrier-free Living Environmental Public Interest Litigation System
The article 63 of Law of the People's Republic of China on Building a Barrier-Free Living Environment(hereinafter referred to as LBBLE)for the first time specifically provides a public interest litigation system for building a barrier-free living environment at the national legis-lative level,which is of landmark significance in promoting the construction of a barrier-free liv-ing environment and safeguarding the barrier-free rights and interests of unspecified subjects.It is theoretically and practically valuable to reflect and optimize China's public interest litigation sys-tem for building a barrier-free living environment.To appropriately implement the system and achieve the purpose of safeguarding the barrier-free rights and interests of unspecified subjects,through the study,it is found that the provisions of article 99 of the Legislative Law of the People's Republic of China should be used as the basis for priority application of the provisions of article 63 of the LBBLE in public interest litigation in barrier-free living environment construction.To comprehensibly optimize China's system of public interest litigation for building a barrier-free living environment,it is recommended to scientifically define the scope of the violation of laws and regulations,grant civil public interest litigation rights to disabled persons'federations and other organizations,establish a litigation position that prioritizes administrative public interest liti-gation and supplements it with civil public interest litigation,and clarify the types of procuratorial recommendations and the targets for their issuance.
Barrier-free living environmentPublic interest litigationProsecution subjectLiti-gation orderProcuratorial advice
万方数据
维普
