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Community Lawsuit System Analysis

Posted on:2009-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:J J FangFull Text:PDF
GTID:2166360245970322Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The economy's development and machine mechanizes the big production in society's massive promotions, one of modern society's attributes is the high-frequency which and the main body behavior influence unceasing expansion between the main body associates, from this has decided social conflict frequent and the abuse of authority consequence universality. A production-runs slight defect product, will possibly violate thousands and even the thousands person's property or the life security. In this social life associated innumerable colony dispute, this may also say that is one kind of society which the productive forces modernization development refracts is contradictory. Sometimes because these lawsuits its particularity possibly is in an extremely awkward aspect, namely"the jot is abundant". But no matter people whether to have realized profoundly to the colony dispute, it can interweave throughout with society's development in the same place, becomes tendency which one kind avoidless and eliminates.To be how fair, economic but solves these colony dispute to become the question which effectively our country law scholar urgently awaits to be solved. Although our country as early as already had established the representative lawsuit system in 1991, but practices, this system like anticipated has not moved such effectively, the representative lawsuit system exists the question exposes day by day under the lawsuit practice field of vision. Therefore, the law educational world disputes to this system rises from all directions, the scholars proposed that each kind of plan attempts to cause the community lawsuit system to go out the current difficult position, adapts society's development.Vertical but observes it, now world several kind of main community lawsuit system: US's group lawsuit system, Germany's association lawsuit system and Japan's designation litigant system has its merit respectively, but also has the respective growth soil environment, no doubt our country representative lawsuit system unreasonable and place of the urgently needed improvement quite a lot, but cannot the blind copy overseas system, be supposed in the comparative analysis situation, the calm analysis, to obtain some beneficial experiences, consummates our country community dispute lawsuit mechanism the overall mentality, namely the discrimination"the private benefit lawsuit"and"the public welfare lawsuit", constructs many Yuan community lawsuit pattern, causes the representative lawsuit system to show its unique value.
Keywords/Search Tags:The representative lawsuit, group lawsuit, association lawsuit, designates the litigant lawsuit
PDF Full Text Request
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