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Research on the Status of Digital Evidence

Author: MaDan
Tutor: ShiXianZuo
School: Central China Normal University
Course: Procedural Law
Keywords: public interest litigation proper party Litigation subject procedural safeguards of the incentive mechanism
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 153
Quote: 1
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Abstract


I read a lot of articles on Public Interest Litigation, the deeply aware of the rapid economic development, with the awareness of people’s democratic legal system, China has had at this stage to establish a civil public interest litigation soil. and development (c) it is to improve the litigation system in China a necessary requirement (d) It is the reality of international communication needs; The greatest feature of public interest litigation is litigation the parties for the purpose of safeguarding the public interest, "non-directly interested party" can in order to safeguard public interest litigation in their own name, the subject of proceedings to become qualified, this is breaking the traditional action concept, expanded the scope of proper party to achieve effective protection of public interest action concept, expanded the scope of proper party to achieve effective protection of public interest.China since ancient times as the "precious" and the traditional thinking, and "each minding incomes for tax on the cream tile" self-interest, public interest litigation in the understanding of the relative lag in the system can not be guaranteed, people will look ahead and behind, so in the procedural safeguards is particularly important given that this is the key problem to be solved, this paper focuses on the procedural safeguards of the incentive mechanisms, such as resolution of plaintiffs litigation costs, how to prevent abuse complaints, and how defense mechanism in advance, how remedial system, how to draw extra-territorial public interest litigation, and to protect the public interest to construct of public interest litigation has become our problems to be solved. The author focuses on the civil case of public interest litigation by the scope of procedural safeguards and establish an effective mechanism for public interest litigation system has been improved.In this paper, comprehensive analysis, comparative analysis start of civil public interest litigation connotation dialysis, explains the public interest litigation system in the world the reality of state legislation and practice, discusses the theory of public interest litigation on the challenges of traditional litigation, and to how to build a Public Interest Litigation in China put forward its own views, which focuses on a public interest litigation filed in Civil expansion and the main scope of accepting cases, civil procedural safeguards public interest litigation and other related issues

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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