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Research On Expansion Of The Plaintiff Qualification In Civil Litigation

Posted on:2012-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:S S YinFull Text:PDF
GTID:2166330338453862Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Qualification of plaintiff determines that a case can be into perspective of the proceedings of law and be protected by the availability of public authority. It is necessary to expanse the qualification of plaintiff to improve the prosecution system, to regulate the court of jurisdiction, to protect the implementation of the civil right to appeal and to safeguard the legitimate rights and interests of citizens. One hundred and eight in the Code of Civil Procedure in our country is the "direct interest" standard of the qualification of plaintiff's, which is the main reason that leads to the traditional qualification of plaintiff that cannot properly address of disputes in modern society. Currently, in the judicial practice of our country, there are many cases which were rejected because of lack of qualification of plaintiff. And the qualification of plaintiff has become a major obstacle to legal protection for the prosecutor. Parts of the plaintiff qualified cases for the judicial disposition has exceeded the Civil Procedure Law's "directly interested party" standard. They also make a positive acceptance and trial. Face to the challenges of civil action, the article will research on qualification of plaintiff from overall analysis on macroscopic, and will put forward my views according to the principle, problems and measures as the main way to advocate to expanse the qualification of the plaintiff. The expansion of plaintiff qualification will encourage and ensure more and more people to use the opportunity to protect their rights, inspire people fight for the rights and justice through the technology of legislation.There are there parts in the article. The first part introduces the principles and the historical background of the expansion of plaintiff, proposes the interests of security and the right to appeal the plaintiff qualified as a basis for expansion, analysis the expansion of the value of the plaintiff , points out the basic problems of the expansion of plaintiff which should face.The second part examines the relevant provisions of qualification of plaintiff about the common law system and the civil law system, and sums up the characteristics of plaintiff qualification in the developed country. In modern world the trends in legislation is to relax the requirements of standing to sue. More and more countries have gradually broadened to consider the plaintiff Qualification to maintain public interest and private interest. Our country should also follow the global trend and build the rule of law the plaintiff qualification system in keeping with contemporary requirements.The third part analysis the status of the qualification system of the plaintiff in our country, including the legislative ideas, legislative norms, and the running of judiciary. And on this basis, it will discuss the path of the expansion of civil plaintiffs in our country, always keeping the Procedural Justice and the principle of good faith. And it will adjust the system of civil design flaws and lack of justice in operation, try to improve the legitimate interests and functions of justice support capabilities, and achieve the relevant subjects to access to justice and justice.
Keywords/Search Tags:Qualification of Plaintiff, Expansion Right to Appealing, Protection of Civil Rights
PDF Full Text Request
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