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On China's Procuratorial Organs Filed A Public Interest Litigation System

Posted on:2007-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:C L XiaFull Text:PDF
GTID:2206360212967659Subject:Law
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The public interest litigation generally means that specific government offices , relevant organizations and individuals bring lawsuits in order to protect national interests and social public interests . The public interest litigation has become one of the questions been discussed and focused more on in the existing law practice. However ,we have not the legislations about the public interest lawsuit until now. With the development of society of our country , especially the expansion of the process of country governed by law , it should be chosen and established in our country legislations that the procuratorial organ brings the civil public interest actions.Here the penman , through making an analysis on the origin and development of the system that any civil action may be presented by the prosecutorial organization with principally using the methods of history review and law comparing and also a deep review on China's actual national condition , obtains a conclusion that in our country , accepting a way of presenting a civil action by the prosecutorial organization is necessary and feasible . On such a base , the penman puts forward a primary design on the system of presenting civil action by the prosecutorial organization in our country .This article , except foreword and backward , is divided into following five parts :The first part of this article is the general statement of civil interest litigation system .Firstly ,it briefly introduces the conception of the public interest litigation and the civil public interest litigation simply , and dinstinctly defines the conception and characateristic of the civil public interest litigation presented by procuratorial organ .Part 2 is about a comparing review on the system of presenting civil litigation by the prosecutorial organization . Which make a review of the litigation system of UK and USA ,mainland and socialist countries presenting civil action by the prosecutorial organization With principally using the methods of history analyzing and transversely comparing so as to provide sufficient proof for re-building the system of presenting civil action by the prosecutorial organiation in our country .Part 3 is about the basis on the present and legal theory . Constructing the civil public interest litigation system is the need of protecting the public interest ,connecting with the international world and inheriting the litigation tradition in the pastIn addition , the...
Keywords/Search Tags:national interest, social public interest, civil public interest litigation, civil public interest litigation presented by procuratorial organ
PDF Full Text Request
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