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Study Of Government On Behalf Of The Litigation System

Posted on:2009-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2206360242986158Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of the modern society and economy, the legal relationship between individual in civil law area has been changed into the legal relationship between individual and society in social law area. The market regulation system with an idea of "social standard" has emerged, which has a legal relationship with the strong individual, weak colony and nation. But in the procedure law, the civil action with the idea of "individual standard" cannot adjust with the need of market regulation system seriously. The advantage of the weak colony cannot be protected. The practice asks for a new procedure system. This paper has a view with the procedure about running for the liability in civil law area within the area about market regulation system. The author advises our country set up a system which is called government delegated litigation system. Firstly, the paper explain the reason why we will establish such a system; secondly, it shows the contain and theoretical base of the system; at last, the author designs the system concretely.The paper has been divided into three parts:In the first part, it mainly shows the reason of creating such a new system. The paper discusses the status quo that the civil bothering always happens in the area of market regulation system. The author points out the shortcomings of the design of the civil procedure in existence. The procedure in existence is not apt to resolve the bothering in market regulation area. The author has also discussed the kickback of the shortcoming of the procedure in existence.In the second part, it mainly discusses the concept and theoretical base of the new system. The paragraph is started with the contain of the new system, talking about the concept of government delegation litigation and the status of the government in the litigation. The author discusses the new system from society view, political view and legal view. At last, it shows the reader the realistic meaning of the new system.In the third part, it mainly discusses the concrete system designing of the new system. The paragraph is talking about the design of the system, including the start of the procedure, the branch of the government which is responsible of impleading and other problems that may meet in the procedure. Moreover, the author also designs the monitor to supervise the government.
Keywords/Search Tags:market regulating legacy, vulnerable group, administrative regulation, public interest litigation, supervision
PDF Full Text Request
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