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On The Legal Consideration Of The Establishment Of The Civil Public Interest Litigation System

Posted on:2015-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:X M GeFull Text:PDF
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With the development of society and economy, new rights and obligations arealso emerging, which also has the effect of a number of new cases of type。The PublicInterest Litigation is the most recent decades, the gradual rise of China’s judicialpractice a kind of case type。With the popular, rights awareness and legal awareness ofcitizens social public interests are also in the concept of continuous improvement, thedegree of importance for the citizens is growing public interest, theorists have begunto increase the study of civil public interest litigation system。China has yet to conducta civil public interest litigation special legislation, the corresponding system has notbuilt up, which is to protect the civil rights of the public, are extremely unfavorable。At present, for the confusion of civil public interest litigation focuses on thequalification requirements for the plaintiff and by the limited scope of the case, ourcountry is not perfect because the theory of the main qualifications for plaintiffs incivil public interest litigation has been unable to finalize。The United States andEurope after centuries of development, the system has been established to improve,subject to public interest litigation plaintiff qualification also has clear provisions forthe maintenance of public interest which has a good role in promoting。To bettersafeguard social welfare, promote stable operation of the social order, our countryshould establish a civil public interest litigation in China’s basic national conditionsbased on public interest litigation of civil legislation, a sound system supportingmeasures in this regard, we can draw mature foreign legislative and practicalexperience。The thesis is divided into four parts:The first part, describes the concept and theconcept of public interest litigation in the public interest, to the connotation andcharacteristics to analyze the Public Interest Litigation;The second part analyzes thecivil public interest litigation in the United States and Europe, by contrast to civilpublic interest litigation in various countries to provide some reference for the establishment of a civil public interest litigation system in the future;The third partanalyzes the current situation of civil public interest litigation stage, and noted that thecurrent lack of defects and the necessity to establish our current exposition of civilpublic interest litigation, and public interest litigation to establish the feasibility ofmaking the analysis;The fourth part of the future construction of civil litigation ofpublic interest put forward some suggestions for the framework and content of thebuild to make specific instructions。...
Keywords/Search Tags:public interest, public interest litigation, civil public interest litigation, public suit, system construction
PDF Full Text Request
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