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Research On The Impact Litigation Of Civil Between2007-2011

Posted on:2015-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:T Z WuFull Text:PDF
GTID:2296330431987426Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The so-called impact litigation, refers to the individual value beyond the partiesappeal, to similar cases, case of legislation, judicial perfection and improvement of thesocial management system and the legal consciousness have a larger role in promoting.This paper from2007to20115years12civil impact litigation as the object, from themacro measure, litigation influence on civil formation were analyzed factors andsignificance of ruling by law.Measure analysis mainly from the annual distribution, regional distribution, therule of law issues involved in civil disputes and at the three angles. Annual distributionshows that the number of civil impact litigation in China is far more criminal impactlitigation should be less, the society pay more attention to criminal justice. Regionaldistribution shows that our civil impact litigation occurs mainly in the eastern region,the difference that people in our civil law level of regional imbalance and the level ofeconomic development is not a region of expectations for the rule of law. The civildisputes and pointing to the rule of law that civil impact litigation is mostly related topublic interests and new types of rights and interests of the dispute, the legal system,there are facts in civil litigation problems and interpretation and the program does notjustice as the core problem, but because the body is not just a program is more likely tocause social injustice attention and influence."Manufacturing" civil impact litigation or forces are mainly social contradictions,the rule of law, the media and the public. The rise of social contradictions is civil impactlitigation and the causes, the rule of law is an important social background factorsinfluence the formation of the civil litigation, in the network era and the informationsociety, the media and the public is the main driving force for the case of influential,and judge on litigation influence on the formation of a lesser role.Broadly speaking, the significance of civil impact litigation law has positive andnegative two dimensions, the positive significance of ruling by law are: insufficient andrunning effect of legal system of inspection, the realization of legal innovation;promoting the correct justice and judicial unity, strengthening the judicial authority; toenhance social awareness of the law. The negative meaning of rule of law mainly for the"media trial of damage" independence of the judiciary and judicial justice. Path toachieve civil impact litigation positive or build a civil case law system or is a perfectcase guidance system, at the same time, constructing the interactive mechanism andreasonable judicial organs and the media, the public.
Keywords/Search Tags:Civil Impact Litigation, Measure, The Form Factor, The Meaning OfRule By Law
PDF Full Text Request
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