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Study On The Appropriateness Of The Parties In Civil Litigation In China

Posted on:2019-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2346330569989420Subject:legal
Abstract/Summary:PDF Full Text Request
The dissertation focuses on the issue of the appropriateness of the parties involv ed in the civil lawsuit in China,bases their qualificat ions on the general parties,analyzes the public interest lit igat ion,analyzes the limit ations of the existing group lit igat ion methods,and finds out the reasons why it rarely applies in jud icial practice.Comparing with other parties' regulat ions in civ il dispute resolution mechanisms in other countries,summarizing the opinions on the construction and perfection of the legal system for the parties in China,and f inally,expecting to rationalize the enforcement rights of lit igants so that the indiv idual interests and public interests of the parties Judicial relief can be obtained when damaged.The paper is divided into four parts.The first part draws one of the questions about the appropriateness of the parties by referring to two cases in judicial practice: China has no sp ecific defin ition of the litig ants in civ il lit igat ion,nor does it specifically d istingu ish between the parties' prosecution conditions and litig ation requ irements.It is a major misunderstanding in the current jud icial practice of civil lit igat ion that the results of the court's investigation rather than the claims,facts,and grounds of the lit igat ion claimed by the plaint iff in the case have been the criteria for judg ing the suitab ility of the parties.The main reason for this difficulty is to combine t he needs of modern lawsuits with the second related question: The current group lit igat ion mechanism in China is not perfect,the representative lit igat ion system is almost shelved,and the channels for the parties to express interest appeals are not smooth enough,especially The modern lawsuit,the separation of the subject of the lawsuit and the civil subject,is subject to the further expansion of the parties.In the second part,the article outlines the generality of general part ies,specifically expounding their connotations,standards for identif ication,theoretical bas is,and the state of relevant leg islat ion and theories in various countries.In the third part,we study the particularity of the parties involv ed,especially the status of the lit igants in our country's lit igat ion lit igat ion,and ident ify and analyze the specific issues on the basis of affirming the appropriate legislat ive innovat ion of the public interest litigat ion parties in Ch ina.Through analysis,we can see that the lim itations of the person's lit igat ion on the parties' proper rules and the rights of the litig ation invo lved in group disputes will all restrict the development of the appropriate theory of the lit igants in the group litig ation in Chin a.In order to ensure the suitability of the litig ants in our country's lit igat ion,a comparative analysis of the party's regulatory provisions in the group lit igat ion includ ing the Un ited States,Germany,Japan,Sweden,and China Taiwan is conducted.In the fourth part,aiming at the issue of the appropriateness of the parties in our country's civil lawsuit,we draw lessons from extraterritorial exper ience and put forward safeguard measures.First of all,it puts forward sound suggestions for the prosecution conditions of 119 articles of our country's civil procedure law;secondly,it advocates that the right of lit igat ion imp lem entation should be rationally allocated based on direct interests;again,the parties or the third party should be mobilized by mit igat ing lit igat ion costs and reasonable restraints on lit igat ion subjects.The enthusiasm of people to participate in lit igat ion;Finally,it proposes to correctly handle the relat ionship between administrative pub lic interest litigat ion and civil public interest litig ation under the new era background,and pay attention to the transformation of the two under special conditions.At this time,the status and status of the administrative organs have changed in order to take More reasonable and efficient litigation.
Keywords/Search Tags:parties' suitability, litigation enforcement rights, public interest litigation, representative litigation, allocation of litigation rights
PDF Full Text Request
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