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Research On The Construction Of Procedural System Of Procuratorial Organs To Bring Civil Public Interest Litigation

Posted on:2018-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:S X ChenFull Text:PDF
GTID:2346330542476426Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the current emergence of infringement of social public interests of various types of cases,civil public interest litigation has been gradually incorporated into the legal regulation from 2012 onwards.However,what kind of subject can bring civil public interest litigation and how to deal with specific procedural issues,the law did not make it clear that the system is still blank and unable to cope with the needs of reality.At present,the theoretical and practical circles of domestic law think that the procuratorial organs can be regarded as the suitable subject of civil public interest litigation,which can be analyzed both theoretically and practically as the suitability subject.For the procuratorial organs to initiate civil public interest litigation procedures to build the problem from the following two aspects to proceed:the first is based on the practice with Chinese characteristics and the institutional level on the exploration.Found that the exploration of practice still exists many problems.For example,the court adopts different judicial means to the case,the procuratorial organs of the internal staff and institutional arrangements did not make professional refinement and so on There are still problems with the exploration of institutional level,For example,There are also no explicit that the procuratorial organs can be used as a litigation subject and specific operational procedures for civil public interest litigation.The second is to combine the foreign typical country to build the experience of the system.Summed up a few revelations:the procuratorial organ is an indispensable subject of civil public interest litigation;the civil public interest litigation filed by the procuratorial organ is a special procedure and so forth.Finally,the most complete litigation ordinary civil proceedings of the first instance as an example,put forward the prosecution organs to bring civil public interest litigation procedures:it is not only a framework based on the common civil procedure,but also has its own special nature.Its particularity can be divided into two main parts:procedural construction should pay attention to the principle of the problem orientation and specific procedures.
Keywords/Search Tags:social public interest, procuratorial organ, civil public interest litigation, procedure
PDF Full Text Request
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