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The Prosecution Filed Public Interest Litigation System Research

Author: LiXia
Tutor: LvBin
School: Anhui University
Course: Legal
Keywords: Attorney Public Interest Litigation System
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 77
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Abstract

Public interest litigation of this new social phenomenon and legal phenomenon in our country in recent years led to enthusiastic discussion of the theoretical and practical circles and concerns, which the prosecution filed public interest litigation is still as compelling. Feasibility of public interest litigation, which the principal can be filed public interest litigation, procuratorial organs can be filed as a public service on behalf of such litigation, our reasonable prosecutorial public interest litigation system should be how to build, which is placed in front of us a problem to be solved. The practice of public interest litigation in order to examine and analyze recent years procuratorial organs as a starting point to build China's procuratorial public interest litigation system for the purpose of prosecution filed public interest litigation for system analysis. The paper is mainly from the following three aspects. First, an overview of the public interest litigation. Public interest litigation stems from Roman law, but public interest litigation in the true modern sense began with liberal capitalism in the 20th century to the transitional period of monopoly capitalism. With economic development, the progress of the times, this period emerged a large number of new charity-related disputes, such disputes with traditional litigation model can not accommodate the new elements of modern public interest litigation in this condition, able to be shipped was born, and most countries have established public interest cases litigation mechanism. In China, the lack of such a mechanism, public protection in procedural law still is blank, to say that this is a major flaw in our litigation system. Although the legal system does not provide for cases to protect the public interest in the existing institutional framework have occurred, especially the loss of state assets prosecution filed public interest litigation, the outcome of the most significant. Specific analysis prosecution filed a public interest litigation. Began as early as in the early days of the procuratorial organs actively involved in civil litigation, but since then along with the \to do the procuratorial organs first public interest litigation in the case to change this situation. After Attorney public interest litigation has made significant development in practice, but there is still considerable controversy. The procuratorial authorities filed public interest litigation? Negate that trend certainly presents well-matched. Through analysis and appraisal of these two doctrines drawn prosecution filed public interest litigation is not contrary to the procedural law and reasonable and in the interests of the objective requirements of the development of China's domestic situation, and then presented the charity said and generalized to supervise says consistency, as the prosecution filed The main legal basis of public interest litigation. Proposed legislative reforms to build our unique the procuratorial public interest litigation system, provide the fundamental legal safeguards for the prosecution filed a public interest litigation. Specific ideas to build public interest litigation system of Attorney. In the analysis of the basic theory and practice of public interest litigation system, the need to face the problem is in the framework of the theory and practice to build the procuratorial system of public interest litigation. Public interest litigation procedures involved are very complicated, and I from the Attorney range of public interest litigation, litigation mode, program design, evidence the system as the starting point for the study. Argument, I think, the scope of public interest litigation should include the following aspects: the loss of state assets, consumer protection, environmental pollution and protection of the interests of vulnerable groups. Procuratorial organs of the conditions within the above range of cases can be filed public interest litigation. Proceedings in such cases, because the public service nature of the case, it should be supporting suitable proceedings and jurisdiction rules of the protection of the public interest, and not blindly copy the provisions of the civil litigation. In addition, the procuratorial organ charity appeal I may appear to be one-sided expansion specific to certain restrictions. Public interest litigation is still in the evolving Attorney Public Interest Litigation in China has just started, its development also requires a time of sharpening and advancing legislative reform, we must be rational manner Attorney Public Interest Litigation believe that regardless of the way forward on the how difficult, will be successful.

The Prosecution Filed Public Interest Litigation System Research

Abstract

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