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A Research On The Due Plaintiff Of Civil Public Interest Litigation In Our Country

Posted on:2018-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:M T YuanFull Text:PDF
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In recent years,the new implementation of the "Civil Procedure Law" which sets a civil public interest litigation system causes a wide discussion,especially in the academic community on the discussion of public interest litigation.Economic development and social change have brought about a series of social problems,such as environmental pollution.However,there is not a suitable legal system to resolve these problems.The neutrality of justice causes that the court will not take the initiative to hear any case without the commencement of litigation by a certain subject.The plaintiff is the primary issue of all litigation.To give the subjective public interest is an important prerequisite for public interest litigation,so that it can be carried out efficiently and impartially.Therefore,it is the most important and urgent problem in the judicial practice to establish the public interest litigation system.The author's basic view is that the plaintiff system of civil public interest litigation in our country should be composed of procuratorial organs,qualified social organizations and individuals,not including the administrative organs.Around this view,this paper is divided into two parts,a total of five chapters:The first part is composed of the first chapter: the summary of the civil public affairs litigation plaintiff.This section briefly introduces the different views of the academic community on the public interest and defines the meaning of it.Then on this basis of the diverse views of the comprehensive community clear the meaning of public interest litigation,and focuses on the civil public interest litigation plaintiff qualification connotation.Then analyzes the different theories of civil public interest litigation,affirmed the procedural theory of litigants and the theory of interest as the theoretical basis of civil public interest litigation,and validated the rationality of civil public interest litigation in theory.The second part discusses the popular plaintiff of public interest litigation from the second chapter to the fifth chapter respectively,namely the executive authorities,the prosecution,the social organization and the citizen individual.The structure of these four chapters is basically the same,citing China's famous case in order to achieve the vivid image of the effect.The contents of each chapter generally include an overview of the subject of the domestic legislation,litigation practice,comparative law from the perspective of some other countries and regions of the legal system,and its suitability as a public interest litigation plaintiff.However,for the characteristics of these types of subjects,the outline of the focus is also slightly different.The part of executive authorities focus on analysis why it should not become a public interest litigation plaintiff reason.the prosecution is on the status quo and the summary of the groups are mainly on the analysis and improvement of the existing law,and individual citizens are more to explore the possibility of being civil public interest litigation plaintiff.
Keywords/Search Tags:civil public interest litigation, due plaintiff, adminnistrative body, procuratorial organ, social organization, citizen
PDF Full Text Request
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