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Research On The Interpretation Rules Of Civil Public Interest Litigatio

Posted on:2024-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:X D HeFull Text:PDF
GTID:2556307130956079Subject:legal
Abstract/Summary:PDF Full Text Request
The interpretation can make up the deficiency of the litigant’ s litigation ability,promote the development of the litigation process,and improve the efficiency of the court.In civil public interest litigation,the relevant judicial interpretation and local judicial documents also provide a simple explanation.But there are still some problems in the current interpretational rules of civil public interest litigation,such as unclear scope,unclear procedure,lack of remedies and serious tendency of localization.It still faces the problems of enlargement of scope,object bias,non-unity of procedure and single way of relief,and has not reached a consensus on its nature and scope in theory.Therefore,it is of practical significance and theoretical value to study the interpretational rules of civil public interest litigation.The interpretational nature of civil public interest litigation is defined as the dual nature of rights and obligations.The interpretational rules of civil public interest litigation should be improved.The principle of interpretation of civil public interest litigation should be made clear,and the principles of litigation and moderation should be established.It is necessary to detail the specific rules of interpretation of civil public interest litigation.The scope of clear interpretation includes prosecution materials,claims,evidence and additional defendants.Interpretations shall be made according to the respective advantages of the procuratorial organs,relevant social organizations and other legal subjects.Make oral or written explanations according to the different stages and contents of the proceedings,and record them in the judgment or court record.The relief way of improper interpretation in civil public interest litigation should be established,which includes the right of objection and appeal from the outside and the responsibility ofjudge’s improper interpretation from the inside.
Keywords/Search Tags:Civil public interest litigation, interpretation, social public interest, relief way
PDF Full Text Request
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