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Study On Economic Public Interest Litigation

Posted on:2015-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:L Y DongFull Text:PDF
GTID:2266330431951118Subject:Economic law
Abstract/Summary:PDF Full Text Request
In recent years, the prosperity of China’s market economy is gradually lead China’s economic development to the top of world. However, the rapid development of the production is difficult to cover the status of the public interest is being eroded. In the economic field, damage to the public interest is not a few, but few are properly solved. The illegal act has its particularity; it is hard to individual citizens to fight with them. Therefore, economic public interest litigation is needed to protect the public interest and the legitimate economic rights.Based on this, I will do a detailed analysis and discussion on economic interest litigation. This paper will divide into five parts, and the fifth part is the important part.The first part introduces the definition economic public interest litigation, as well as the features. From the basic concept and features of economic public interest litigation, it will help us a deep understanding. And the discussion of scope of accepting cases will also make us a good understanding.The second part describes the relationship between the economy and the economic public interest litigation. From the nature of economic law disputes, we can get an outline about the justiciable and drawback of economy law. And then get a link between them.The third part describes some basic theories of the economic public interest litigation. The right of economic public interest litigation and the responsibility of economic law theory provide a solid theoretical support.The fourth part focus on the necessity and feasibility of the economic public interest litigation, for establish a solid foundation of this litigation.The fifth part is the important part of this article. It is introduces the problems and countermeasures in the process of development of economic public interest litigation. According to the characteristics of the economic public interest litigation, plaintiff qualification problem are discussed. Against the problem of burden of proof in litigation, reversion of burden of proof was put forward. At the same time, in order to ensure the economic public interest litigation’s processing, many good measures have been put forward. These are provided a solid guarantee for carrying into execution of economic public interest litigation. Economic public interest litigation system is conducive to improve our system of legal, while maintaining its socialist public economic interests play an important role. And is consistent with China’s economic direction of development and the road of socialist rule of law.
Keywords/Search Tags:Economic public interest litigation, Public interest, Social economic interests
PDF Full Text Request
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