Build Lessons To The Thinking Of The Justice System Of Obligations Litigation

The so-called obligation imposing lawsuit is that the executive authorities, as have some obligations, but being slack to perform or to repudiate the obligation, which invades the legal rights and interests of the administrative counterpart . in the executive order still significance of their obligations by the parties in accordance with the people's courts The petition, the court ordered the authorities to specific administrative acts, or containing specific content to a specific administrative act of the proceedings. New types of litigation only ways and means should aim are to the right of the people to provide fair and effective protection. Course obligations to the litigation stems from the emergence of the transformation of government functions in the public awareness of the rule of law, it adopted a special judicial ways to effectively address new social contradictions. Obligations to the class action can be achieved if the people of a fair and effective protection depends on the case of the fairness of the trial process, the validity of the results of the trials, which relies fundamentally on whether a fair and rational rules of procedure. Because of "procedural justice to the concept, if not the sole basis for legitimacy of the trial, should also be considered in accordance with its important one." Obligations for the class to the proceedings, China's existing laws are still vague, only a few of the rules of procedure , and most of its design simple, far unable to meet needs of the trial. Therefore, the class action obligations of the judicial system to an in-depth, sophisticated theoretical research, and the urgent need of a reality.Obligations to the class action Construction of the judicial system in a study, compared to obligations to the class action litigation and other types of different classes to in-depth understanding of the characteristics of litigation obligations, the obligation to identify lessons to the trial proceedings the special requirements, analyze existing Chinese laws system, in regard to the class action obligations under the justice system inadequate for the building of a sound lesson to the justice system to provide legal obligation to support the theory and practical guidance.Based on the above considerations, the paper composed of the following four chapters: Chapter 1 for the class to the proceedings obligations defined. Will be the type of litigation has become a worldwide trend, the types of administrative proceedings, the majority of scholars believe that the administrative revocation proceedings, administrative proceedings and the payment confirmation proceedings three categories, and the class action is the obligation to pay a sub-types of litigation . The subject of negative litigation, litigation purposes of payment of the breadth and scope of obligations to the class action features, these features determines the course of the litigation obligations to the justice system will inevitably have a special needs class for the second chapter to the obligations of the trial proceedings particularity. Desire brought to the plaintiff class obligations action must be aware of the type of trial proceedings of the special nature can be successfully realize their aspirations litigation; obligations to the people's court for class action trial, the only accurate grasp of the trial under the premise of a point of order, can make a fair and correct decision.Therefore, this chapter mainly from the prosecution of the special nature of the special requirements of trial, ruling the three areas of special classes to the unique obligations of the trial proceedings; Chapter III of the Office of China's legal obligations to the regulatory status quo system. China's current "Administrative Procedure Law," the 20th century and the late 1980s to set aside the proceedings for the application of object enacted, the rules of the proceedings is almost revocation proceedings "patent." And the obligation to the class action litigation as a relatively new type of difficult integration into the existing Administrative Procedure Law within the framework of the system is inevitable. Since then successively adopted in the judicial interpretation for the prosecution, the onus of proof of the commitment to the period, there have been several additional requirements, but far from being able to meet these obligations class action case to the practical needs of chapter IV to the building of class obligations of the judicial system in action some thought. Course obligations to the justice system in a number of lawsuits special needs, and the existing provisions are far from being able to meet, so for the prosecution Proper finds that bear the burden of proof, the case review intensity, and the application of mediation, and the verdict form, and several issues of the system construction When thinking.