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Plaintiff Qualification Of Civil Public Interest Litigation

Posted on:2014-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:D QiFull Text:PDF
GTID:2266330398495664Subject:Law
Abstract/Summary:PDF Full Text Request
According to investigation of the connotation and the characteristics of civil public interest litigation, legal principle theory of law, two big legal systems’ similarities and differences and the world major countries’ and our country’s present situation of legislation and judicial practice, especially for the analysis of the pros and cons of public welfare lawsuit main body in the new revision—" Civil Procedure Law ", based on China’s national conditions, this paper takes the qualification of plaintiff in civil public interest litigation as the breakthrough point. In all scholars research results, the author makes the system to comb to our country civil public welfare lawsuit plaintiff qualifications’ jurisprudence foundation as far as possible. And guided by the concept of value, besides of, related institution and social organization of new revision, we should increase the citizen (individual), and even though it is necessary and feasible to resolve from demonstration administrative organ to procuratorial agency, the two kinds of plaintiff main bodies. Then to prove that feasibility, necessity, rationality and feasibility for the administrative organs,procuratorate, the social groups and citizen, these four kinds of main bodies briefly, as the civil public welfare lawsuit plaintiff qualifications, as well as determined that this four kinds of main relations (compound, supplemented and divided condition is suitable for and so on analysis proof successively) to expound. What’s more, from the civil public interest litigation plaintiff qualification of legislative mode selection of macro level and micro level of law system on concrete design thinking. Finally, this paper tells the shallow view of the choice for our country civil public welfare lawsuit plaintiff mode above the theory. In another words, we maybe propose the establishment civil public welfare lawsuit plaintiff multiplication pattern and the content of consummation necessary system. In order to ultimately to improve characteristics of civil public interest litigation plaintiff qualification system in China, the author put forward shallow constructive suggestions.
Keywords/Search Tags:civil public interest litigation, plaintiff qualification, present situation, consummation
PDF Full Text Request
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