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Public Interest Litigation System

Author: ShaoChangLong
Tutor: XiaoJianHua
School: China University of Political Science
Course: Procedural Law
Keywords: Public Interest Litigation Public Interest Litigation
CLC: D925.1
Type: Master's thesis
Year: 2006
Downloads: 309
Quote: 1
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Abstract


In recent years, with the further deepening of China's economic reform and further socio-economic development, civil, economic relations have become increasingly complex, involving the interests of the majority of people are not specific to various disputes abound. Recent frequent occurrence of relevant public interest litigation cases through media reports, reviews, making public interest litigation has once again become scholars concerned about social hot issues. Scholars of public interest litigation research more and more, but mostly confined to the research scholars theoretical exposition on the design of specific programs, namely, how to build our country's public interest litigation system does not conduct in-depth research. Order to realize the establishment of public interest litigation, the paper intends to study from the perspective of civil procedure of how to build a civil public interest litigation. Paper is divided into an introduction, body and conclusion of three parts. Introduction section explains the requirements of the times as well as public interest litigation status of our country, and explain the author's writing ideas. Body part includes three chapters. The first chapter discusses the concept of public interest litigation, characteristics and classification. Public Interest Litigation' dissertation">Public Interest Litigation refers to the specific state organs, related organizations or individuals authorized by law, the violation of national interests, public interests or the interests of others without specific acts, to the court, the court shall be investigated legal responsibility relative litigation activities. The second chapter is related to the Public Interest Litigation theoretical issues. Discusses the theoretical basis of the Public Interest Litigation, pointed out that the Public Interest Litigation is built on the basis of the theory of state intervention in. Also analyzed the Civil Litigation Civil theory challenges the traditional, focuses on the theory of civil public interest litigation and appeal, the parties theory, procuratorial theory, dispositions theory and the theory of conflict and fusion of res judicata. The third chapter is our Civil Public Interest Litigation System, based on the theoretical analysis, learn from foreign legislative, judicial experience combined with China's national conditions, indicating that China has established the need for Public Interest Litigation, and the principles of Civil Litigation , lift the subject, scope and procedures set by the case and other aspects of a comprehensive exposition. Pointed out that the procuratorial organs, social groups or individual citizens in certain circumstances for violations of state assets case, pollution cases, personnel litigation, seriously affecting the order of market competition and other economic cases involving national, social and public interests of the major civil cases and others have rights to the People's Court Civil Litigation. However, due to the particularity of Public Interest Litigation, should take some special program settings, including: Lift the way, the burden of litigation costs and the cancellation statute of limitations, set the pre-litigation procedure, take special disposition rules and does not apply to any system of mediation and independence other aspects of the special provisions. Epilogue on the Public Interest Litigation Civil were summarized and discussed. Pointed out that the macro level, our

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