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Research On The System Of Litigation Trust In China

Posted on:2013-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ZhangFull Text:PDF
GTID:2246330392950432Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Qualitative the litigation trust system is not simply belonging to a particular field oflaw, but have the dual legal nature of both the substantive law and procedural law.The litigation trust system has the characteristics of the trust system, also belongs tothe new forms of litigants eligibility expansion of Civil Procedure Law. At the presenttime, litigation trust system has been set relevant in many countries. Although thecontent may vary, it also shows the system with the legitimacy and feasibility. So theauthor will elaborate the building of the litigation trust system through this articlefrom the two areas of the Trust Law and the Civil Procedure Law. In addition to theIntroduction and Conclusion, this article is divided into the following four parts:The first part, a general overview of the litigation trust system. In this section, theauthor briefly described the source of the litigation trust system, and discriminated theconcepts on the three main kinds of litigation trust. Select the concept of bestembodies the system characteristics of the litigation trust. Meanwhile, comparinglitigation trust and related concepts, the important one is the comparing with litigationact.The second part, mainly the discussion of legitimacy to the litigation trust. Theauthor respectively described the legitimacy of the litigation trust system in the senseof trust law and litigation trust the legitimacy of the system in the sense of the CivilProcedure Law. On the basis of explaining the litigation trust system exist thelegitimacy of the existence of two areas of law, and then discuss the practicalfeasibility of the litigation trust system in the current.The third part, elaboration of the status of the litigation trust system. In this section,the author will analyze the provisions of the litigation trust invalid of article11of theTrust Law. As a starting point of legislation originally of this entry regulations,combined with modern China’s basic condition, interpretation the non-rationality ofthe litigation trust invalid. And then, the author also analyzed the representative actionwhich belongs to the expansion form of capacity to be a party of China. From the legal provisions and the applicable conditions of the representative action systemand the inadequacies of the existing, giving more prominence to the advantage of thelitigation trust system.The fourth part, the exposition of construction of litigation trust system in China.The author will start from three aspects which are the subject of proceedings of thelitigation trust system, the object of proceedings of the litigation trust system andlitigation legal relations of the litigation trust system. Meanwhile, combined with therelevant provisions of China’s Trust Law and Civil Procedure Law, construction thelitigation trust system.
Keywords/Search Tags:Litigation trust, Public interest litigation trust, Private interestlitigation trust Litigation act, Representative action
PDF Full Text Request
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