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The Plaintiff's Qualification Of The Civil Action For Public Interest In China

Posted on:2010-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:L L LuFull Text:PDF
GTID:2166360278472658Subject:Law
Abstract/Summary:PDF Full Text Request
Started with the civil public interest litigation ,in this thesis the public interest litigation of the civil plaintiffs for the relevant theoretical issues have been studied, the comparative study of methods used by the United States, India and other extra-territorial public interest litigation experience in the analysis that the establishment of China's first civilian public interest litigation system Should be addressed is the public interest litigation in the civil plaintiffs qualifications, I think we can learn from foreign legislative practice, in theory innovation, the traditional theory for the plaintiff, improve fitness parties lattice theory, break through the Civil Procedure Law Article 108 restrictions, and broaden civil public interest litigation for the plaintiff, established a wide range of The main plaintiff, given the procuratorial organs, social organizations and individual citizens to public interest litigation of civil rights prosecution, to speed up construction of China's civil litigation system of public welfare, effectively safeguarding social and public interests.The whole text is divided into five chapters:Introduction of the topics outlined the background and significance of the current academic research on the issue of the status quo and this paper, the purpose of the study and methods.Chapter 1 is civil litigation systems in the public interest for an overview on the public interest, civil public interest litigation and civil litigation the plaintiff for the public good concept, characteristics and the establishment of China's civil litigation system of public necessity.Chapter 2 of public interest litigation related to the plaintiff for the theory on public interest litigation in a foreign country, developed the system of relevant experience and characteristics.Chapter 3 analyzing though the present situation of the civil public interest litigation in China, it shows that the reasons of the problems is the institutional absence of the civil public interest litigation. Chapter 4 based on the research of the theories and laws on the restrictions of the plaintiff, it shows that the restrictions of the plaintiff qualification of the civil public interest litigation should be improved and the expansion of the plaintiff qualification of the civil public interest litigation is necessary.Chapter 5 supports theory of general interest relation against traditional theory of direct interest relation and the expansion of the plaintiff qualification of the civil public interest litigation. It diversifies the plaintiff of the civil public interest litigation It endows the procurator ate, the social organizations and the citizens with the right of filing the civil public interest litigation.
Keywords/Search Tags:the civil public interest litigation, the plaintiff qualification, the qualification for the proper party, the right of action
PDF Full Text Request
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