Dissertation > Excellent graduate degree dissertation topics show

Public Interest Litigation Procedure

Author: PanXueQing
Tutor: TanQiuGui
School: China University of Political Science
Course: Legal
Keywords: Public Interest Litigation Public Interest Litigation Program Specific program builds
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 383
Quote: 1
Read: Download Dissertation

Abstract


Loss of state assets, environmental pollution, industrial monopolies and against the interests of consumers and other damage national interests and public interests violations has become a serious problem. Scholars generally hope to build a civil public interest litigation to achieve the protection of the public interest. From the point of view of theoretical research results at this stage, many scholars have the connotation of public interest litigation in civil, prosecution body, the scope of institutional issues and litigation mode for a more comprehensive discussion, but the specific procedures for the Public Interest Litigation problems are the lack of in-depth discussion of the system. As China's current institutional framework of civil procedure are not yet on civil, social organizations, public prosecutors and other civil proceedings instituted subject of specific norms, therefore, judicial practice with a Public Interest Litigation color similar cases, but often the results vary greatly, the parties in the court's right to relief obtained in the degree varies. This is because our theories about the profession and the judiciary did not protect the interests of public welfare and relief programs devoted to the operation caused. This article will focus on comparative law from the perspective of the valuable experience from abroad, combined with the status quo of judicial practice procedures Public Interest Litigation Construction discussed. Paper is divided into four parts: the first part of the civil public interest litigation system overview. This article first explains what is the Civil Litigation, Civil Litigation followed from the difference between traditional civil start feature for Public Interest Litigation are discussed, and then from one yuan PIL theory explores the limitations of starting to build a civil public interest litigation meaning, the last of the Civil Public Interest Litigation Research conducted a brief introduction and description of research focus of this paper. The second part of the national program for the Civil Litigation Research. This section focuses on the U.S., UK, India, France, Germany, the civil proceedings of the special public norms are introduced, including the \and concluded that there is reference in which the country's system of rules, as proposed below suggestions for improvement for bedding. The third part of the public proceedings of Civil Status and practice dilemma. The portion of the first section by listing our recent representative case, introduced China's courts handle cases of public interest litigation status; second section focuses on the courts handle cases puzzled public interest litigation, including filing, trial and execution of the confusion experienced by involves filing standards, trial organizations, the burden of litigation costs, judgments execution. The third section of the main results of the discussions on the combination of the previous two sections proceedings analyze the causes of difficulties encountered. The fourth part is the focus of this writing, the author of the text on the domestic and international public interest litigation before the analysis procedure in this section for the Perfection of Civil Litigation Program recommendations. Mainly divided into filing, trial, execution of these three phases on how to improve our civil public proceedings recommendations. Specific recommendations include: a clear and reasonable share of litigation costs, pre-set procedures to prevent abuse of litigation, a clear public interest litigation procedure initiating principal, standardized scope of the case and the court filing standards, set in the proceedings auxiliary plaintiffs, the rational allocation of the burden of proof and the implementation of decisions of the Court.

Related Dissertations

  1. Environmental Public Interest Litigation Plaintiff Qualification,D925.1
  2. On the oil industry monopoly Legal Regulation,F426.22
  3. The Study to the Plaintiff’s Qualification of Administrative Public Interest Litigation in China,D925.3
  4. Analysis on China’s Environmental Issues and Emergency Management Measures,D925
  5. On the Public Interest Litigation System of Consumers’ Rights,D923.8
  6. Research on the System of Taxpayer Public Interest Litigation,D925.3
  7. Positioning of the prosecution filed the functions of the Environmental Public Interest Litigation and System Construction Research,D926.3;D922.68
  8. Study on System of the Administrative Public Interest Litigation,D925.3
  9. Infringement of Civil Remedy Water Pollution Research,D922.6
  10. Lawyer public interest litigation issues,D925
  11. The Study about Burden of Proof in Environmental Public Interest Litigation,D925
  12. Construction and Research of Administrative Public Interest Litigation in China,D925.3
  13. Study on Our Public Participation System in Environmental Law,D922.68
  14. On Environmental Public Interest Litigation System in,D925.1
  15. Exploration of Construction of Environmental Public Interest Litigation in China,D922.68
  16. On the Environmental Public Interest Litigation,D922.68
  17. On Subject of Environmental Public Interest Litigation,D922.68
  18. On the Establishment of Environmental Public Interest Litigation System,D925.3
  19. China 's Environmental Lawsuits,D922.6
  20. China’s Environmental Public Interest Litigation System in Reasarch,D922.68
  21. Prosecutors involved in environmental public interest litigation Mode,D926.3

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