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The System of Economic Public Interest Litigation

Author: WangHongYan
Tutor: WangXiaoHong
School: Jilin University of Finance and Economics
Course: Economic Law
Keywords: public interest Economic Public Interrest Litigation Economic Litigation Litigation system
CLC: D912.29
Type: Master's thesis
Year: 2010
Downloads: 71
Quote: 0
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Abstract


Economic Public Interest Litigation involving the maintenance of public interests with the interests of the public are closely related to everyday life.The public interest of society as a whole, fundamental for the survival, if not to the corresponding system of protection, the entire community would find itself in the state of disorder than those of private interests have been violated more harmful.China’s current actions to comply with the legal system is still the original theory of action, resulting in the maintenance of social and public interests have been excluded from the litigation regime.Practice, in addition to the Public Prosecutor for the plaintiffs filed public interest litigation proceedings to obtain a good result, private or group of public interest litigation filed mostly lost in the end.Therefore, the establishment of the corresponding public interest litigation is particularly important to the economy.Economic law as a separate legal department has its own specific adjustment object, the object of protection from the law in terms of benefits, social welfare is the object of their protection.The civil law is the private interest of the maintenance method, based on the individual-based.While China and France will also be promoted by the social public interests of fair and equal values as their own pursuit of value, but it is limited to fair and equitable economic fairness and equality between individuals, it is only fair and opportunities for formalequality.And not from the interests of society as a whole to pursue substantive fairness and equality.The national interest-based administrative law also difficult to take into account national interests and social public interests.Therefore, the important task of safeguarding social public interests of economic law on the fall of the body.And has become the core areas of economic law.China’s laws on the public proceedings why the economy did not slow introduction of the relevant legal provisions, the biggest obstacle lies in the lack of theory.Academia for the public interest litigation involving the meaning and there is a big area of controversy, the status of public interest litigation on the economy is even more divergent.The basic problem of outstanding public interest litigation has affected the entire proceedings and even economic theory of the development of public interest litigation of every research, and economic actions are not open around the problem, for in-depth studies have hardly get started.This article, through public interest litigation and economic litigation introduced the two economies with the public interest litigation, compared to the public interest litigation has made the economy the positioning of the legal system: public economic law department of economic action is a special type of litigation, which will be side by sidetraditional three new types of litigation proceedings.In this paper, the field of economic law proceedings to be looked at to compare public interest litigation system, and found that the system functions and objectives of both are highly consistent.Taking into account the economic law department has not yet completely out of the shadow of independence, this article from an economic point of view of its public interest litigation to seize the opportunities that the field of economic law.Can be said that the laws of economics with the public interest litigation system, the existence of economic dead tooth row lips close relationship with the department of economic law with the public interest of economic independence of the independence of the proceedings consistent with the advance and retreat.This final action of the specific type of public economy has done a brief at the same time to clarify the public interest litigation of economic relations with other public interest litigation, so that public interest litigation system in the litigation system, the economy is more clear.

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CLC: > Political, legal > Legal > UNIVERSITY > Economic Law
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