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Research The Civil Modern-typed Lawsuits

Posted on:2011-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:M HongFull Text:PDF
GTID:2166360308453806Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China is in the period of deeply social transformation. Public interests are infringed upon now and then such as states assets are faced with misappropriation seriously , which due to the benefits allotment is not all in this period . Public interests can not be protected not only because of imperfection of litigation and Judiciary, but also the people's less-interest in awakening consciousness. The modern-typed lawsuits are different from the traditional civil litigation in characteristics, structure and functions. In this word, it is more appropriated to the model of the collaborative action doctrine and takes an important place. It has been making a large passion to the traditional civil procedural lawsuits, such as the theory of the role of the partner, the evidence theory and the action function.The modern-typed lawsuits concept is accepted by most countries, but in different titles and focus. The class action of the United States and the representative proceeding of the Britain are on behalf of the common law system. The group litigation of Germany and the Selection of representative action of Japan are the representation of the civil law system. We hope that the comparative analysis study of different operating system to China Construction of a modern-type civil reference.In our case, the group litigation, public interest litigation and other similar theories has been researched much more; the modern-typed lawsuits with a common ground but not completely coincide. Therefore, it is very important to clarify the boundaries and types of the modern-typed lawsuits with our analysis of the status. We can find the problems of our country in the theory, legislative and judicial practice through the analysis of the modern-typed lawsuits'current situation of the three forms.Currently, the major-right-typed dispute involves many people has being taken some place of the modern-typed lawsuits in our country, and the parties will not give up their rights easily, so improve the lawsuits of our country and build the model action is a right road. This is the first one. Second, the small-type disputes, as most of the right the form of a constantly expanding, the author advocated the introduction of limited class action the United States and Germany group litigation, this will play a great role in the guiding of the subsequent practice form now on; Finally, for pure public goods involving the highest level of modern Type dispute, the proposed building by the prosecutors and private citizens sue system. However, all of this will not be accomplished immediately, each part should be prioritized. It is a gradual process of liberalization.
Keywords/Search Tags:the modern-typed lawsuits, The court's role of making public policies, the role of the partner, representative lawsuits
PDF Full Text Request
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