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Study On The Construction Of The Group Igation In Our Country Lit

Posted on:2013-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2246330395451942Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the deepening globalization, our country’s economy has been an unprecedentedall-round development. People are enjoying the benefits of economic development whilehave to face a series of new disputes and conflicts. This new type of disputes for eachcountry has a corresponding countermeasures, these responses have the same point inboth the differences and they learn from each other in the ever increasing trend.Throughout China’s current legal system, although we have the legal system ofrepresentative litigation but it is not good at protecing this modern disputes. In view ofthis, comprehensive survey of the countries in the appropriate system, this articleanalyzes the using of theoretical methods to resolve disputes in modern litigation system,and the construction of our group litigation system put forward some concrete proposals.The article has four parts, the first, introducts and summarizes the group litigationsystem about the basic theory, this part points four features and three function of thegroup litigation system, then there is a simple summary of the group’s right to appealproceedings meanwhile discussing which type of the right our country should take. Thesecond, the article describes Germany, Japan and Taiwan of China’s community actionsystem, and macroly points that we should attention to issues and problems when welearn the group litigation system. The third this article analysis the current theory andpractice of China’s realities, and points the necessity and feasibility when our countrybuild the litigation system. The fourth firstly analysis the advantages and drawbacks ofrepresentative litigation and demonstrates when our country build the litigation system,what attitude we should take to the representative litigation, finally, in our current legalsystem based on the analysis of our specific ideas to build community action, then itproposed some specific suggestions.
Keywords/Search Tags:Group Litigation, Public Interest, Litigation to Sue
PDF Full Text Request
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