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The Study Of Civil Public Interest Litigation System Of China

Posted on:2016-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2296330467990173Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rapid development of social economy,stakeholders has becomeincreasingly diversified. Diverse stakeholders often lead to maximize their benefits.Coupled with the lack of moral increase, the possibility of damage of social andpublic interests will be higher, such as the large number of cases of environmentalpollution, loss of state assets and against the legitimate interests of the majority ofconsumers and so on. To solve the problem, the new civil procedure law articles ‘Thecivil public interest litigation procedures, in addition, the implementation of the Judicialinterpretation of the Civil Procedure Law added eight provisions, which is a greatprogress meeting the need of social development and the rule of law development, butit is just a general term, addition to the related substantive law is not perfect, So atpresent the civil public interest litigation system can not work effectively. Based onthe basic theoretical knowledge of civil public interest litigation, this paper introducesthe legislative status quo of civil public interest litigation system in China, inspectsrelevant systems around the world, in the end, put forward the advice to how to buildup the system of the civil public interest litigation in China. This is the core content ofthe paper, based on the former content, firstly this part expounds the necessity ofbroadening the scope of civil litigation and specific suggestions, secondly expoundsthe legitimacy and rationality to enlarge the range of civil litigation parties,andadvises to give civil subject relatively wide range of civil litigation. Finally designsthe detail program of the system running.
Keywords/Search Tags:The public interest, Civil public interest litigation, The legislative statusquo, Perfect suggestion
PDF Full Text Request
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