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The Law Meaning Of Impact Litigation

Posted on:2018-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2346330518450518Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since 2005,the impact of litigation to "case to promote the rule of law,litigation affect China" for the purpose of the rapid development of the Internet and the high sense of public participation as an opportunity to the community has aroused strong repercussions.This paper presents a multi-angle analysis of 22 cases of administrative litigation cases from2005 to 2015,showing the annual distribution of the influential litigation,the regional distribution,the stage of the case of public opinion intervention,the stage of the case,And analyzes the impact of litigation on the influence of public opinion on the results of the case,the impact on the legislation,the administration of justice,the administrative system and the concept of the rule of law.It is found that the influencing litigation does not play in the system level.value.This is a deadly conclusion that has been carried out for more than a decade,focusing on the important rule of law activities that advance the process of national rule of law.This paper analyzes the three core elements of the mobilization subject,the mobilization object and the mobilization content of the influencing litigation,and constructs the mobilization model of the influencing litigation.The main body of the influencing litigation is the legal expert and the network media,Object is the network of people,mobilization of content that is the purpose of the activities of litigation: to promote the rule of law in the case of the case.It is found that,due to the uneven distribution of resources in China,the social stratification of the Internet as the main public domain is obvious,and the object and reality of the influencing litigation are not realized.The influence of the litigation is not fully expressed;Large influential litigation "case is not strictly in line with the value of the impact of litigation.In view of these problems,the corresponding suggestions are put forward,and the influencing litigation should be reflected and perfected from three aspects: First,the norms of the Internet public domain,specifically the equal distribution of network resources,reasonable regulation of the network public opinion,to ensure the benign of justice and public opinion Interaction,experts and Internet users jointly decided to influence the results of the proceedings,to enhance the overall quality of Internet users and the rule of law.The second is to give full play to the role of action to mobilize the role of mobilization in the mobilization process to play a dynamic role in the expected value gradually internalized into a socialpsychology,resulting in social impact.The third is to link the actual situation of the impact of litigation,is committed to the "real space-Internet virtual space-the reality of space," the linkage between the path and communication will affect the litigation information and social resources for effective integration,so that the law of litigation Value into reality.In this way,the impact of litigation beyond the value of the rule of law,legislation,justice,law enforcement and the concept of the rule of law have an impact,play the legal value of the law,and effectively promote the rule of law process.
Keywords/Search Tags:Impact litigation, Administrative case, The empirical analysis, Social mobilization theory, law meaning
PDF Full Text Request
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