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Study Of Enlarging The Scope Of Litigants In China

Posted on:2006-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:W Q LiFull Text:PDF
GTID:2166360155463677Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The qualification of litigants is the key to start procedure, to settle civil disputes and to bridge the substantive and procedural laws. It is related to not only litigants' rights to bring suits but jurisdiction. Therefore, clarifying the qualification of litigants is significant theoretically and practically. Both Common Law System and Civil Law System have enlarged the scope of litigants through legislation and cases in order to protect the right of the public. These countries interpret the modern litigation through the theory on litigation assumption and the theory on litigation entrustment. In order to rectify and punish the illegal behavior of breaching commonweal, Common Law countries such as America has set up group litigation system, Civil Law countries such as Germany and France have established republic litigation system and Japanese has prescribed commissarial litigation.The legislation and the theory in China are narrowly defined. This is not in favor of protecting the rights of litigants. With the increase in litigations for the public interests, the scope of litigants should be enlarged. The author regards that China should establish commonweal litigation system. In order to protect the commonweal, not only the procurator can lodge a complaint as the commissary of country and society but also the citizen and group organization can file a suit as qualified party. In a word ,the theory that enlarge the scope oflitigants is very important, in the meantime we should protect the commonwea] from being harmed through lawmaking. This is the main point of this paper.
Keywords/Search Tags:Civil Procedure, Litigants, Qualifications of Litigants
PDF Full Text Request
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