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A Study Of The Public Interest Litigation Initiated By The Procuratorial Organ

Posted on:2008-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:H LiangFull Text:PDF
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In the recent years, with the deepening of Chinese reform, economic development and the complex social relationship, there are more and more contradictions among personal interests, collective interests, national interests and the public interest in the civil, economic, administrative aspects. Many state-owned assets are stolen by some civil activities. Public interests have been cut down by the personal interests and rights. Principle of the autonomy of will challenge public order and good customs. It is limited that one case was considered between the two parties only. The scope to parties of the public interest litigation is limited at the same.This paper studies the feasibility of public interest litigation by means of the development of the theory and the Proper standards of parties. With the depth and breadth of the entity right being discovered by justice and confirmed by legislation, the parties have a large scope under concept of due process, which further promotes sine qua non even the expansion of judicial power .The proper standard of parties transfer the criterias which base on the right of management to benefits of litigations.Because of the broad interest class with the relation to Litigation, the consortium is limited. Which is on behalf of the special class? The litigation parties are weak, but the defendant is strong. Prosecution mechanism is obstructed as well as national interests are affected. It's necessary that the state public power timely maintains the public goods. As the representatives of the state, the state attorney institutions'prosecution is not only supervising against the activity which damages the social and public interests and effectively maintaining the interests of legal persons, the state, but also keep the prosecution uniform and equitable within the maximum extent. It is possibility avoided the revenge and overcharging in order to achieve the efficiency and effectiveness.As a state power, the beginning is on behalf of the State that enjoys public prosecution right .Chinese attorney power institution is the supervision to executing the law and abiding the law. Such Legal supervision includes the supervision on the activities of all law enforcement and supervision, such as civil, commercial, criminal, administrative, legal acts and the supervision of legal relations. The indictment is a very important form for exerting the legal supervision.The legal surveillance, ruling the country by law and social actuality determine that China building a harmonious socialistic society and give the power of the legal supervision essence of attorney. Such right is not only necessary but also possible. From a historical perspective, this paper makes comparison between emergence and development of the civil law and common law. On the basis of the study of the Public Interest Litigation initiating by attorney institutions, this paper gives some advice on how to design the public Interest Litigation system such as reposition of the civil attorney right so as to give attorney institution the status of prosecutor. It is made to some special regulations in accordance with the characteristics of public interest litigation, which is different from some other civil cases.
Keywords/Search Tags:Parties, Interest of Action, Public interest litigation, Procuratorial organ, The court function of prosecutors
PDF Full Text Request
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