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Research On The Plaintiff Qualification Of Civil Litigation Of Public Interest

Posted on:2016-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2296330470479526Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the economics and the productivity, the living standards of Chinese people have been improved hugely. Meanwhile there exist huge numbers of events that do harm to the public interest, such as, Zijin Corporation Pollution Event,,Conoco Phillips Oil-Leaking Event, OSI Group Meat Event. Given the specific situation of China, these corporations were usually punished by the government and the citizens almost didn’t protect the public interest by suing them. There is a point that Chinese citizens prefer the traditional legal consciousness rather than the modern one. I doubt about that. According to the statistics of the Supreme Court, the number of the cases that were accepted by the court was more than 13 million in 2013 all over the country. What’s more, the number is increasing 1 million each year. All these phenomena indict that the legal consciousness isn’t the key point that Chinese citizens don’t protect their interest by judicial approaches. The key reason is the defect of law system. The current laws don’t grant someone the plaintiff qualification which leads to the entity of the public interest can’t bring up a lawsuit.This article explains the status quo of the civil litigation of public interest, the defects, the experience of foreign countries and then gives advises to how to make the civil litigation of public interest system more complete. The article can be divided into 4 chapters. Firstly, I will explain theories of the civil litigation of the public interest. Then I plan to compare the Anglo-American law system with the continental law system. Next find out the defects of China current the civil lawsuit of the public interest system. Lastly, the article provides several approaches to fix the t civil litigation of the public interest system.
Keywords/Search Tags:Civil litigation of the public interest, the Plaintiff qualification, the Expansion of the qualification
PDF Full Text Request
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