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On the Framework of China’s Civil Public Welfare lawsuit

Author: ChenWenQu
Tutor: HeWenYan
School: Xiangtan University
Course: Procedural Law
Keywords: Civil action Public Interest Litigation Civil Public Interest Litigation
CLC: D925.1
Type: Master's thesis
Year: 2001
Downloads: 636
Quote: 5
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Abstract


Derived from Roman law , public interest litigation has ancient history , but not a very long time civil public interest litigation . Civil public interest litigation is the product of people to produce life increasingly socialized , the crystallization of modern civilization . Civil public interest litigation means litigation activities of certain organs or individual citizens in order to safeguard the public interest of the state, society , and violation of civil, economic laws and regulations , and the behavior of the damage to the country , the social and public interests in accordance with the law bring a civil action to pursue its legal responsibility . However , civil public interest litigation system is still blank. This paper attempts to finishing the civil public interest litigation system . The first analyzes the meaning of civil public interest litigation , features , and examine the situation and the status quo of the the foreign civil public interest litigation system status as well as of civil public interest litigation history . Derived by examining : in the legal system in the developed world have a civil public prosecution system , which the United States is the most perfect ; have a civil public interest litigation in the history of our country . Secondly , the argument of the theoretical basis for the existence of a civil public interest litigation factual basis , legal basis. Demonstrated solve the economic construction of new disputes in order to safeguard the smooth progress of China's economic construction , China should establish their own civil public interest litigation system . Finally, the rough framework for the establishment of a civil public interest litigation system , that China should establish civil public prosecution in civil law , civil litigation related to specific systems , and should be made ??from the civil, commercial , and economic entities legal requirements.

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