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Qualification of Civil Litigation of Public

Author: LeiJiEr
Tutor: DengHuiHui
School: Guangxi University for Nationalities
Course: Procedural Law
Keywords: Public interest Public Interest Litigation Standing
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 160
Quote: 4
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Abstract


\Many foreign countries have established a relatively complete system of civil public interest litigation , given the relevant national authorities , certain social groups , the general public 's right to sue in civil public interest litigation . Although China is very concerned about public interest litigation in civil , but not to establish a sound and viable civil public interest litigation. Research Public Interest Litigation Plaintiff Qualification is to clarify what authority , which groups and which individual circumstances in which the right which filed a request to protect the public interest . Thereby establishing reasonable and feasible for our civil public interest litigation system to provide theoretical support . Generating public interest in social connections between people , is a collection of personal interests , the interests of individual citizens is the ultimate values, represents a long-term , common , holistic personal interests. Establish a civil public interest litigation on the one hand is to protect the public interest , the other is to respect the fundamental rights of citizens , as social organizations , the general public can manage or participate in the management of state affairs and social affairs to build a platform . From the theoretical point of view related litigation , civil society organizations , the Procuratorate legitimate public interest litigation as a plaintiff can not be questioned . In giving prosecutors , social organizations, individual citizens the right to appeal a civil public interest litigation , should further clarify the different levels , the main priority is to follow a pre- litigation principle. What kind of subject priority by the Civil Public Prosecutions should be able to best protect the public interest to follow the principle , according to the nature of the case may be.

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