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Research On Plaintiff Qualification Of Natural People's Civil Public Interest Litigation

Posted on:2017-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2356330485996979Subject:Law
Abstract/Summary:PDF Full Text Request
The continuous development of social economy renders social public field expanding gradually.The enthusiasm of people participating in public life management is becoming higher and higher.Over the years,with damagesto the public interestgrowing,traditional civil litigation mode can not effectively protect public interest.In order to solve the social problems caused by violation of public interest,ensure social stability and orderly development,public interest litigation system emerges at a historic moment.For the first time,the civil procedure law in our country prescribedcivil litigation for the public interestsin 2012,and establishedprocuratorial organs and social organizations having the qualification main body of plaintiff.Although the law ruled out natural person,butwhethershould we give natural person civil public interest litigation rights has always been controversial.The constitution in our country prescribes that citizens can participate in the management of social affairs through various ways.Giving natural person civil public interest litigation rights is justice embodies of effective safeguard for social public participating in the management of public affairs.In addition,in everyday life,public interests suffering damage often affect the realization of individuals' legitimate rights and interests.More and more people are increasingly keen to protect public interest.Giving the plaintiff's identity to a natural person can more timely stop the infringement and reduce the degree of destroyed public interests.This thesis focuses on natural persons' civil public interest litigation plaintiff qualification,expectingto maintain social stability better.The thesis consists of four parts.Chapter one “Overview of civil public interest litigation in our country and analysis of present situation ”is the introduction of basic concepts about civil public interest litigation and present situation.Chapter two “The necessity and feasibility of giving natural person plaintiff qualification” mainly analyze why we need to establish natural person's civil public interest litigation in our country.Chapter three “comparative analysis and experience of natural person's plaintiff qualification in civil public interest litigation outside the country”.By comparison,we obtain the development trend of civil public interest litigation plaintiff system,serving as a reference for our country.Chapter four “System building of giving natural person plaintiff qualification”throws out analysis of system building suggestions.
Keywords/Search Tags:public interest, civil public interestlitigation, civil public interest litigation right, natural person, plaintiff qualification
PDF Full Text Request
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