Font Size: a A A

Chinese Political Development Of Public Interest Litigation In The Value Of The Realization Of The Principle

Posted on:2012-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:R MuFull Text:PDF
GTID:2216330335476059Subject:Political Theory
Abstract/Summary:PDF Full Text Request
In recent years,public interest litigation has become one of the hot issuses around the legal practice and academic discussion of China,and there are many researches and experiments by judicial authorities,especially by the procuratorates in all levels.In fact,the meaning of public interest litigation is not limited to legal research and judicial practice.This paper strives to research and analyze the value of public interest litigation,theoretical issues related to public interest litigation and practice issues in political development of China in political perspective.For humans,the public affairs is essential.The public products and the public rights are objective reality,so the public interest is objective existence.There is dialectical relationship with coexistence and conflict between public interests and private interests.Public interest litigation is an effective way to protect public interest.Any organization or individual may litigate authorized by law to the actions of violating national interests and social welfare.Today,legislation around the world emphasizes public interest litigation,many countries have established complete system of public interest litigation.In the current law of China,"public interest litigation"is a normal legal category.However, there is a misunderstanding in procedure area of China for a long time.It is the understanding that only the persons, whose legitimate rights and interests are aggrieved ,have the qualification of plaintiff.The drawback of concept has closed the door of the relief of public interest litigation.It needs to establish a comprehensive system of public interest litigation in order to make citizens participate in the management of public affairs actively through litigation and raise awareness of civil righes.Through this way,national interests and public interests will be able to protect and guarantee by the effective and direct participation of citizens.In the first chapter of this paper,the concept, features and research status of public interest litigation are analyzed.In the second chapter,the basis of establishing public interest litigation and its problems in the theory and practice are analyzed,and the necessity of establishing public interest litigation in China is discussed.In the third chapter, the guidelines and principles of establishing public interest litigation and safety ,convenience and design considerations of economic legislation are elaborated.In the fourth chapter,the significance of public interest litigation for the construction of political civilization in China is elaborated.
Keywords/Search Tags:Public interest litigation, Public interest, Awareness of civil rights
PDF Full Text Request
Related items