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Research On The Application Of The Civil Public Interest Litigation System

Posted on:2014-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y W YangFull Text:PDF
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Public interest litigation, first seen in Roman law, this new mode of litigationplayed an important role in the maintenance of the social and public interests. In thefifties and sixties of the last century, the United States re-use them, and then graduallyto other countries.Now a civil public interest litigation has become an importantjudicial procedures for safeguarding the public interest in a foreign country has been ademonstration of the theory and practice tests. In recent years, civil public interestlitigation in the judicial practice in China and the academic discussion has alsobecome a hot topic, the final legislation promulgated on August31,2012. Civil SuitSystem is finally in the urgent call for people from all walks of life, from the conceptlevel to rise to the legislative level, and applied to the practice of rule of law, tobecome a legal reality. At this point, the system of civil public interest litigation isfinally "justifiably" Of course, the people’s court also can not take the law does notclearly defined and not ’determined efforts to safeguard the social welfare will notcome up with any way to relief. Although the legislation through to make up for the blankstate of our civil public interest litigation in the Legislative, for the implementation of the systemto turn on a bright window ", but avoid some of the issues debated in the legislativeprocess.Proceed from the development of public interest litigation, origin, introducedwhat is public interest litigation, how to define the public interest, what the CivilPublic Interest Litigation is. Ordinance parsing the provisions of the new law on civilpublic interest litigation, then discusses the general principles of civil public interestlitigation, the jurisdiction, the burden of proof, the cost of litigation and other issuesspecific use. Narrations learn from foreign experience based on application of thesystem of civil public interest litigation Improvement Measures.
Keywords/Search Tags:public interest, public interest litigation, civil public interest litigation, legislative analysis, applicable perfect
PDF Full Text Request
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