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Reach On Civil Public Interest Action

Posted on:2015-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:H W LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Study on the system of civil public interest litigation is a hot issue in the field of civillitigation. With the development of society and people’s legal awareness,people pay moreand more attention to environmental issues, consumer protection issues, the loss of nationalassets issues and so on. People not only use legal to protect personal interests, also beganto use legal to protect the social public interest which making for Human long-termdevelopment. In countries of Anglo American law system and the continental lawsystem, the research on civil public interest action has entered a relatively mature stage. Bycontrast, China’s legislation of civil public interest litigation road has just started. By other’sfaults, wise men correct their own, we can on the basis of domestic and foreign advancedlegislative and judicial experience, and base on our basic national condition, to establishand perfect our legal system of civil public interest litigation.At present, the civil public interest litigation of our country included the public interestcases of environmental protection and the protection of consumer rights and interests.But in reference to foreign research results and the needs of society, the scope of this kind ofcase is gradually expanding. Public interest effectively safeguarded the need formulti-faceted forces involved, so the subject of civil public interest litigation should also bediversified. Procuratorial organs and social organizations may be filed public interestlitigation, some of the administrative organ may also file a civil public interest litigation inspecific cases. For individual citizens have the right to separate the civil public interestlitigation or not? This paper does not agree with that the citizens have the right at present. Butwith the development of society, the judicial resources abundantly and citizens havesufficient capacity to protect the public interest, it can be restricted to citizens of the civilpublic interest litigation rights. Litigation claim determines the purpose and direction of thecivil public interest litigation. The civil public interest litigation claim includes a confirmedinvalid, the cessation of the infringement, elimination of danger, compensation for damage,ban. Each claim all have their own characteristics. We can choose one or several claims in the civil public interest litigation.The civil public interest litigation has the public welfare, its own particularity decides itcan not be equated with ordinary civil procedure. For the civil public interestlitigation procedure construction should be based on the traditional civil litigation,considering the particularity of civil public interest litigation, keep these programs whichsuit for civil public interest litigation and modify the other programs, finally, establishpublic interest litigation particularity, suitable for China’s national conditions of the system ofcivil public interest litigation. I hope this paper can contribute to the perfection of legislationof civil public interest litigation and judicial interpretations.
Keywords/Search Tags:Civil public interest action, Scope of the case, The subject of action Claim, Construction of procedure
PDF Full Text Request
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