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Public Interest Litigation Legal Analysis

Posted on:2010-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:H B LvFull Text:PDF
GTID:2206360272999891Subject:Legal theory
Abstract/Summary:PDF Full Text Request
People's sovereignty is the cornerstone of modern democracy, the essence of socialist democracy is that the people are the masters. But due to the lack of operational system in our country, the people's sovereignty of social and political practice still further. Litigation system will change into the people's sovereignty of real right, clear through judicial proceedings, with a strong security exercise the operability, make the social relations, more stylized adjustment. As a kind of new social interest gaming means litigation system, can arouse the enthusiasm of all members of the society, make everyone to participate in public life, become social progress.Public interest litigation in China change the traditional pattern Bureaucratic management into modernization of the rule of law. The principle of final settlement of the society ruled by law is an important feature of the judicial relief, as the basic mechanism for resolving social contradictions, national security is the most fundamental and most important security, public interest litigation system establishment will effectively promote socialist legal system.The social public interest litigation system for decompression valve functions to construct a socialist harmonious society is of vital importance. In such a large population of the country, public litigation system, especially suitable for low cost. Litigation system has in many countries to establish and play an important role, including continental law system country and the countries of Anglo-American law system, developed countries and developing countries.In recent years, many scholars have litigation system for transplantation is concerned, do a lot of valuable research, this paper USES the method of comparison, law, sociology, economics, law, litigation system for the legal basis, through the analysis of the history of litigation system, system design and operation cost and value to explore aspects litigation system for construction of a socialist country ruled by law and the socialist harmonious society is of great significance. And on this basis to construct a litigation system of realism, the feasibility analysis. Hope to contribute to China's social legal process of oneself.
Keywords/Search Tags:Public interest litigation, Jurisprudential analysis, Checks and Balances, System construction
PDF Full Text Request
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