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Research the Civil Modern-typed Lawsuits

Author: HongMeng
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Modern type of litigation Policy formation function Eligible parties Representative action
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 88
Quote: 1
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Abstract


Since modern society , social life has undergone profound changes , benefit transition brought some groups , large-scale disputes that modern type of dispute , but due to the lack of legislation , it is not quite the awakening interest in consciousness , so that the public interest was less well protected. Unlike traditional modern type of civil litigation in the characteristics , structure, function display in the world , it is more suitable in a collaborative mode doctrine litigation exist and play a role in the standing of the traditional theory of Civil Procedure , Evidence theory , litigation function had a tremendous impact. The concept of modern type of litigation accepted by most countries , but the title and focus are different. Common law in the United States and the United Kingdom on behalf of the Group litigation lawsuit , represented by civil litigation group places in Germany and Japan, as selected representative action on behalf of , the two legal systems through a comparative analysis of different operating mechanisms , in order to China Construction of the modern civil referential significance . For our part, on group litigation , public interest litigation and other similar theoretical study described as flourishing , modern type of litigation but its not exactly coincide with the intersection . Therefore, to clarify the boundaries of modern type of litigation , combined with our analysis of the current situation of the modern type of dispute has a very important significance. This paper analyzes the theory of modern type of civil litigation , legislative and judicial practice situation , summed up the problems . China is currently involved in major disputes the right of the modern type also accounted for a certain proportion , because the parties will not easily give up the right to relief , improve our existing systems and build demonstration representative action litigation mechanism is appropriate ; secondly , the right type of dispute as small majority in the form of an ever expanding , the author advocates the introduction of a limited group of U.S. lawsuits and German groups omissions litigation , in order to practice slowly on future play a greater role ; Finally, for the highest level of public interest involving purely modern type of dispute , it is recommended to build individual citizens by the prosecution and litigation system. Of course not necessarily immediate, each part has priorities, sequencing , is a process of gradual liberalization .

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