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Research On The Prosecution Filed A Civil Public Interest Litigation Civil Public Interest System

Posted on:2016-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:C M LinFull Text:PDF
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Since the90s of last century, China’s social structure has changed dramatically,and gradually into the social transformation, highlighting various social issues, theroot of the problem is the public interest and personal interests collide. The publicincreasingly aware of the social welfare of the citizens of the existence of privateinterest to certain restrictions, the nature of the maintenance of social welfare is toprotect individual private interest, therefore, public interest litigation graduallyattracted public attention. With the rapid development of social economy, a seriessuch as environmental pollution, damage to the legitimate rights and interests of manyconsumers and other serious violations harm the public interest, for such behavior, inaddition to strengthening the administrative supervision, the way you can safeguardpublic interest litigation. Public interest litigation in favor of the State administrationto make up the loopholes, is an effective supervision of the way, will help protect thelaw really be implemented, is an effective preventive measure. Public InterestLitigation and gradually became a hot issue of judicial practice and academia todiscuss the judiciary at all levels, especially in the field of prosecution conductedextensive and in-depth research and discussion. In the party’s eighth of the FourthPlenary Session of the clearly stated that "explore the establishment of inspectionbodies filed public interest litigation system," which means that the prosecution filedpublic interest litigation research and more attention. In recent years, under theguidance of the principle of the rule of law, the role of prosecutors in the judicialpractice has become increasingly evident, and accumulated a lot of experience. AsChina’s judicial system, the prosecution of legal supervision, improve its publicinterest litigation filed legal prosecution is the inevitable requirement of oversightfunctions, its proceedings can expand the impact of the outcome of the proceedings,the prosecution by way of litigation filed public interest litigation, not only tosafeguard the public interest is an urgent need, but also reflects the value of law andjustice. In this paper summarizes, literature review, comparative analysis and otherresearch methods, to combine the research results and the prosecution filed publicinterest litigation in the field of law, the concept of public interest litigation,characteristics, significance and the problems described and presented for theproblems solution. This paper is divided into four parts, as follows:The first part is an introduction, mainly contains the background, significanceand refer to the relevant literature review, research methods and innovation at homeand abroad. This section describes the research status of public interest litigation inour country, as well as the prosecution as the subject of proceedings for a publicinterest litigation has a role in promoting the rule of law in our country, and theoverall use of this writing, the current situation and the way domestic andinternational research are outlined.The second part discusses the public interest litigation system, for the definitionof the public interest, and analyzes the characteristics of public interest litigation, andthe value of research Public Interest Litigation System. Our research on public interestlitigation in recent years has achieved fruitful results, attracted many learned scholars,published a series of research works. By necessity and feasibility of the prosecutionfiled public interest litigation was analyzed for the prosecution filed public interestlitigation provides a more solid theoretical foundation. In judicial practice, the procuratorial organs at all levels to actively participate in the field of public interestlitigation, play their own advantages, to protect the public welfare and nationalinterests contributed.The third part introduces the legislation and research status prosecution filedpublic interest litigation system, and made a comparison between two legal-relatedlegal system. Domestic legislation in the field of public interest litigation in therelatively late, but provides a more detailed, such as:"People’s Procurator-ate Law","Civil Law" and so makes provision for public interest litigation system, given theprosecution filed public interest litigation in the main qualification. Today, in ourlegal system, especially with regard to public interest litigation provisions for theprosecution filed public interest litigation related aspects are very few indeed, so we can study the process of foreign material, its essence to its dregs, measures to improveand perfect according to China’s actual situation.The fourth part of the problem was raised earlier and on the basis of legislationand Research in China, we propose how to improve the prosecution filed publicinterest litigation system of recommendations, including the following three aspects:the subject of public interest litigation, public interest litigation and lawsuits rangeprogram. Absorbing foreign beneficial experience, the author based on reality, putforward different views and suggestions for each problem, including a summary ofexisting literature remarks, while the findings of the loopholes and makerecommendations for advancing our Law society to contribute their part.
Keywords/Search Tags:The public interest, The rule of law, Pro-curatorial organsPublic interest litigation
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