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The Study Of Pudlic Interest Litigation System

Posted on:2009-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:J LiangFull Text:PDF
GTID:2166360272492521Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
As a new social phenomenon and legal phenomenon, recently, Public interest litigation has aroused widespread concern in departments in China's academia and the practice. Compared with traditional proceedings which are based on the rights of individuals, public interest litigation prosecution is not mainly because personal interests have been violated. It's mainly in order to safeguard the public interests of the community (sometimes also including some personal interests). When the public interest being violated, by giving non-interested or not directly interested party the plaintiff eligible, public interest litigation starts legal proceedings to protect the public interest. Western rule of law in developed countries generally has more mature public interest litigation system, but our country has not the relevant legal provisions. Is Public interest litigation in China feasible or not? how can they be incorporated into modern litigation system? The answers to these questions are concerned not only with the updating of the concepts of traditional litigation, but the re-positioning modern function and judicial functions.Based on the content of public interest as a starting point, the thesis build our country's mechanisms for the protection of public interest to the ultimate destination, through public interest litigation in the background, the nature of public interest litigation and its theoretical basis for the analysis attempt to clarify the content of public interest litigation system; Through interpretation of public interest litigation proceedings with the traditional concept of the theory of conflict and equity, the paper demonstrates public interest litigation system in theory, the legitimacy through study abroad public interest litigation system of legislative practice, sum up their development paths and trends, made in China Construction Public interest litigation system of specific ideas.Public interest litigation system can be established as not only effective in maintaining social harmony, but also to improve our democracy, promotion the rule by law provides an opportunity to hope that public interest litigation in China as soon as possible to grow and mature.
Keywords/Search Tags:public interest litigation, litigation concept, judicial functions, the rule by law
PDF Full Text Request
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