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On the Civil Litigation Plaintiff Qualification

Author: ChenJie
Tutor: ZhangJiaJun
School: Zhengzhou University
Course: Procedural Law
Keywords: Plaintiff qualification Civil public interest litigation Social organization Citizens Prosecutorial organs
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 117
Quote: 2
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Abstract


It is the way for the protection of the plural public interests that is the consequent choice to perfect the safeguarding mechanism of public interest. Now, the civil public interest litigation system to be confronted with the conflict between the theory and practice in china. One of the key factors is the common notion about the plaintiff qualifications. How to learn effectively the system in other countries and make it localization is not a very simple Problem. According to this consideration, the writer tries to begin the research with one of the start questions—the plaintiff qualifications. On this basis, the writer want to show the questions we face with .At last, the writer tries to discuss the subjects we should establish who could to sue in the civil public interest litigation in china.The whole article is divided into four parts:Chapter one: The public interest litigation and plaintiff qualification. Starting from the basic conceptions, this chapter firstly definite the public interest, and introduce the definition and relationship of the public interest litigation. Secondly, it illustrates the value of the plaintiff qualification for the further development of the civil public interest litigation.Chapter two: A comparative study and discussion on the plaintiff qualification of the civil Public interest litigation between two law systems. It first introduce the situation of plaintiff qualification of the civil public interest litigation form the angle of history .And then it introduce the types on the plaintiff qualification in typical countries form the angle of comparative law. Lastly, on this basis, it summarizes the present types of subjects, which enjoy that qualification, to provide foreign experiences for our legislation.Chapter three: The legitimate foundations of the plaintiff qualification of the civil public interest litigation—the theories of litigation right. From the theory of party standing and the theory of the interest to suit, to the theory of procedural trust, then to the theory of res judicata, It points out the limitation of traditional theories and the development of new theories in order to provide theoretical foundations for our legislation. Secondly, it talks about the two parts of the prosecutorial organs, social organization and citizens as the plaintiff, which is the matting for the nether study.Chapter four: Considerations of the plaintiff qualification of the civil public interest litigation in our country. As the key part of this article, this chapter has threes sections. The first one, the chapter generally introduces the Present situation of public interest litigations in our country to make reader understand the problem existing ,especially the suit by the prosecutorial organs、social organizations and citizens. The second one, it exhibit the legitimate foundations for the expanding of plaintiff qualification. The last one, according to our realities, it states the reasons that the social organization and citizens should be endowed on the plaintiff qualification and the reasons prosecutorial organs temporarily should not be endowed on the plaintiff qualification. All of the above1 is the whole viewpoints. And the writer hopes these immature assumptions can make contributions to the establishment of civil public interest litigation in our country.

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