Dissertation > Excellent graduate degree dissertation topics show

Analysis of the Civil Public Interest Litigation Plaintiff Qualification

Author: QuTao
Tutor: ShiZuo
School: China University of Political Science
Course: Legal
Keywords: Civil Public Interest Litigation Plaintiff Qualification Proper Party Procuratorial organs
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 148
Quote: 0
Read: Download Dissertation

Abstract


The rapid development of modern economy makes all kinds of social relations between the increasingly close, accompanied by the conflict of interest is also becoming increasingly apparent. Often individual misconduct, and eventually turn into a case against the public interest. People's awareness of their rights under the guidance of the national advocacy and public opinion, to gradually strengthen in caring for their own short-term interests at the same time, pay more attention to the public, the long-term interests. Requirements to protect the public interest, growing louder and louder, but they found a lot of resistance at the same time use legal rights. The core problem is one of \Existing laws on this first and important issues and not clearly defined, between the lack of practical needs legislative incompatible, lead to social ills become increasingly apparent. How to solve this problem, become a topic of common concern of China's judicial practice and social life. This paper is divided into four parts analysis to explore the Civil Public Interest Litigation Plaintiff Qualification: The first part is to start from the definition of the public interest, clearly the object of a public interest litigation protection, and this leads to the introduction of a public interest litigation. First, the special nature of public interest litigation and research value, then specific to a civil public interest litigation section, its preliminary overview of plaintiff qualification. The second part is to analyze the theoretical basis for the establishment of civil public interest litigation plaintiff qualification With the theoretical support in order to ensure the correctness of the system and further research significance. The main theory from right to appeal, the parties proper theory of res judicata expansion theory and the litigation trust theory these four aspects are discussed. Before both by traditional management rights doctrine into the Suzhiliyi doctrine, fundamental to broaden the scope of civil public interest litigation plaintiff sued. The latter two help to improve the efficiency of the trial of similar cases or similar cases, in important judicial practice. The third part of the status quo of China's legislative judicial introduced and Analysis. Clear through the analysis of the existing laws and judicial practice in the typical case, the problems of China's civil public interest litigation in the legislative and judicial, and provide a useful reference for future legal formulation development. The fourth part of the first proposed the idea of ??civil public interest litigation plaintiff qualification, that is given to the main qualifications of individual citizens, community groups, and the prosecution authorities of the three plaintiffs. Then discusses the range of eligibility for the characteristics of each group its justification and the corresponding system. Select both common law and civil law countries representative example, to provide a reference legislation qualified for the plaintiff in a civil public interest litigation in China. Based on based on China's national conditions and combined with the advanced experience of other countries, to develop a more practical system.

Related Dissertations

  1. Environmental Public Interest Litigation Plaintiff Qualification,D925.1
  2. Research on the Qualification of Plaintiff in Environmental Public Interest Litigation,D925
  3. A Study of the Standardization of Sentencing Recommendations for Procuratorial Organs,D926.3
  4. The Study to the Plaintiff’s Qualification of Administrative Public Interest Litigation in China,D925.3
  5. On China 's administrative protection of the right of appeal,D925.3
  6. Administration Lawsuit Plaintiff Qualification Principle and Practical Case Study,D925.3
  7. The Plaintiff Problem of Administractive Public Interest Lawsuit Research,D925.3
  8. Research on Expansion of the Plaintiff Qualification in Civil Litigation,D925.1
  9. The Reform and Improvement on the Ways of Civil Prosecutorial Supervision System,D926.34
  10. Argument on Plaintiff’s Qualification of Administrative Litigation,D925.3
  11. On the Theory of Administrative Public Welfare Action Plaintiff Qualification,D925.3
  12. On the Civil Litigation Plaintiff Qualification,D925.1
  13. Research on Civil Public Interests Litigation,D925.1
  14. Research on Civil Public Interest Litigation,D925.1
  15. Mentions the Civil Public Welfare Lawsuit System’s Construction by Our Country Procuratorial Agency,D926.3
  16. Research on Civil Public Interest Action,D925.1
  17. Studies of the Civil Public Interest Litigation System Instituted by the Procuratorial Organ,D925
  18. Study on the Plaintiff Qulification of Civil Public Interest Litigation,D925.1
  19. Study on Civil Public Interests Litigation of Our Country,D925.1
  20. Research on Procuratorial Organization Instituting Civil Public Interests Litigation System in China,D925.1
  21. On our civil public interest litigation system,D925.1

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
© 2012 www.DissertationTopic.Net  Mobile