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Research on the Public Interest Litigation of Public Good’s Price

Author: ChenYi
Tutor: YanYunQiu
School: Xiangtan University
Course: Economic Law
Keywords: Public goods Quasi-public goods Administrative monopoly Public Interest Litigation Plaintiff Qualification
CLC: D925
Type: Master's thesis
Year: 2008
Downloads: 94
Quote: 0
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Abstract


In the economic life of our country, the price of public goods related to the national economy and the people's livelihood, and at the same time, this problem has been the \Public goods monopoly public enterprises and government departments have natural monopolies, and the provision of public goods, leading to its unreasonable price, the unequal status of the supply and demand sides have become increasingly prominent social demand is difficult to fully meet the broad interests of consumers have been infringed, and losses to the public interest. However, due to the regulation of public goods price supporting measures imperfections solve unreasonable price seems a lack of intensity, can not achieve the desired results from the fundamental social equity is difficult to clear. Law fundamentally is a tool to adjust the interest, the interests of the regulation or allocation is a function of the law, judicial remedies as a way to final settlement has coercive power, so it can better safeguard the rights of the people and the public interest, public interest litigation as a special judicial remedies have more procedural advantages. In recent years, with the enhancement of people's awareness of the law, the relevant public price unreasonable due to the endless stream of litigation However, the reality of social life, subject only direct stakeholders have the standing to initiate litigation \when a large number of social and public interests have been violated, citizens, social groups, it is hard to become the subject of litigation, resulting in the absence of a large number of public goods price suability the even if the proceedings are mostly court dismissed to losing end. The importance of the issue based on the prices of public goods, introduced from the price of the case of public goods pricing public interest litigation, for an overview of China's current total of product price unreasonable status quo, then the price of public goods from the point of view of natural monopoly and administrative monopoly unreasonable reasons, and from government pricing, independent regulatory agencies, relevant laws and regulations, the price hearing system to focus on analysis of there way to resolve the imperfections, learn some of the advanced experience of foreign countries, put forward on the way to judicial remedies The price of public goods is illegal phenomenon to be relief, and the establishment of public goods pricing system of public interest litigation. Elaborated from constitutional origins, theoretical significance and legal efficiency, explains the advantages of establishing the public product pricing public interest litigation system and theoretical significance, and from the start the main body of public goods, public interest litigation, public interest litigation jurisdiction, the burden of proof, special rules and other aspects of the specific design of the system, as judicial remedies to protect the public interest and the protection of consumers' rights.

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