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The Eatablishment Of Economic Public Interest Litigation System In China

Posted on:2012-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:K WangFull Text:PDF
GTID:2216330368997004Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Remedies precede Rights is a famous legal maxim, which is to say having rights is meaningless without remedies. Whether rights could be reliazed is completely involved and inseperatable with impeccable means of remedies. Therefore, the litigation mechanism of legal practice has become one of the requisite elements to guarantee civial rights. China has enacted 236 effective laws and a legal system of Chinese sociolism has established. However, with the high speed of economic growth, our country is at a social transformation stage with emerging social problems, and we should not avoid the problem of imperfection of laws.The economic laws of our country has always been in a state of "heavy entity, light procedure". Without a matched procedure, the populace can not get remedies through effective approach when they face the infringement of their legal rights. As a new type of legal action, economic public interest litigation differs from China's traditional three procedural laws. The eatablishment of a valid economic public interest litigation system contributes to solove the problem of the unsoloved violation of public intersets at present, restrain those illegal actions which have not happened but likely to cause problems, matain a normal economic order of our country and society, as well as improve the situation of the traditional three three procedural laws cannot cope with the dispute of economic law.Starting from the analysis of related concepts of economic public interest litigation and the comparision of the development and the current situation of economic public interest litigation in China and aborad, this paper discuss the feasibility and necessity to establish a separate economic public interest litigation system in our country, as well as make some relevant suggestions to the establishment of China's economic public interest litigation system.
Keywords/Search Tags:Public Interest Litigation, Economic Public Interest Litigation, Economic Law Disputes, Social Rights
PDF Full Text Request
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