Dissertation
Dissertation > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system

Public Interest Litigation Research

Author WuXiaoLong
Tutor YangRongXin
School China University of Political Science
Course Procedural Law
Keywords Public interest litigation system Direct interest in the Securities civil compensation Rights and obligations The forms of action Public interest Theory of action Legal proceedings Ruled inadmissible People's Court
CLC D915.1
Type PhD thesis
Year 2003
Downloads 2679
Quotes 11
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In accordance with the the traditional Civil theory of civil litigants conflicting interests opposing the original defendant. Under normal circumstances, the plaintiff and the defendant is the state of one-on-one. Because, in many cases, the body is the single subject of the substantive rights and obligations of both single subject. Once the rights and obligations of entities dispute and lead to a lawsuit, to form a one-on-one action state. However, the complexity of social relations determines the rights and obligations of one or both is not simply a single subject, even if it is the same rights and obligations often involve one or both of the majority of the composite body. In recent decades, the worldwide pollution-related disasters, and consumers, the interests of investors protection issues arising from the mass disputes continue to produce, either directly against the person, such as life, human health, property damage corrupted or indirectly against, such as the pollution of the living environment, because the production technology continues to update and large, to expand the scope and extent of the victims, the number of victims by the dozens to hundreds of thousands of people, causing serious social problems, but also in the traditional civil action the plaintiff qualified \The common feature of such litigation: tort nature unitary, repetitive behavior, point of contention has commonality. How to solve the above-mentioned groups, controversial, and this determined to be the future of the administration of justice system reform in one direction - which relates to a new type of litigation - that modern public interest litigation. This litigation is not the only one plaintiff a stake in, but the background of common interest to most people. Modern public interest litigation involved in disputes with the traditional mode of action or resolve disputes mode can not accommodate new elements, so for such litigation legal relationship, the traditional mechanisms of action can not be regulation and adjustment. In the second half of 2001, 363 investors \typical case. Case to the Court announced that it \But the media generally believe that supporting the \Coincidentally, the incident took place two years ago, Shanghai investors have sued in anger \Regrettably, however, the District Court accepted the case. Our administration of justice system failed to give investors the full support and confidence in a timely manner. In addition, in recent years, there have been procuratorial organs of the loss of state assets, such as cases involving national and public interests to the plaintiff as to the people's court proceedings occur, where some get the support of the People's Court; some were the people The procuratorial organs non-proper plaintiff, the court ruled inadmissible on the grounds. For these problems, the author from the perspective of comparative civil law countries in similar litigation system of careful investigation and analysis, I deeply aware of the important reasons for this situation is the absence of public interest litigation system in China. The civil justice system should not be the decorations of the country ruled by law, but should be completed right to relief, the law of real lt; WP = gt; currently exists in the important mission of this great country of culture system. When people despair and the courts to take the report of the trial system to evade the attitude of the trial system will quietly destroyed. China is currently in the public interest litigation system theory and judicial practice both are significantly lagging behind in the field of trial, the people's court of public interest litigation cases have not yet truly open. These years, China's environmental protection and consumer protection legislation has made remarkable progress, but the pace of civil and administrative remedies against the public interest, has become China's social development can not be in tune. Public interest litigation on the plaintiff substantive and procedural legislation can respond to the urgent need for the development of the times. Based on the theory of public interest litigation and judicial status quo care, based on the responsibilities of a procedural law students, I chose the \the topics. The doctoral thesis from the listed countries in the world and our once modern mass disputes and civil litigation mechanism subjected to challenges start by Historical Survey of Two Public Interest Litigation System and multi-angle analysis for domestic public interest litigation system to establish the main difficulties faced, focusing on basic mode of public interest litigation, and standing objective stance own opinion. The thesis is divided into five chapters, about 24 million words: the first chapter of the ancient public interest litigation system were investigated. That the public interest litigation from the Roman legal system, relative to interest litigation. In Roman law, the real meaning of the public interest litigation: the plaintiff to sue on behalf of the collective interests of the community rather than the individual interests. Roman law had experienced three proceedings process, during the legal proceedings, the program during the proceedings and the very proceedings period. Public interest litigation is generated in the program during the proceedings. The second chapter describes the formation and development of modern public interest litigation. The nature and characteristics of the modern public interest litigation were introduced several foreign and domestic public interest litigation popular opinion, and closely related to the public interest litigation several concepts, such as public and public rights, national interest, public interests, personal interests and Suzhiliyi and their interrelationship between the investigation and research. This chapter also modern public interest litigation and increasingly flourishing social, political, economic and cultural background from the point of view of social and political science, and other perspective and research. Based on the above analysis pointed out that the emergence of the modern public interest litigation, the history of the new development of the civil legal system. A direct interest in the principles of breakthroughs and the plaintiff appropriate lattice theory expansion and remodeling, the traditional civil litigation theory in the face of unprecedented challenges. Two Public Interest Litigation theory and judicial systems of the study and comparative analysis, summed up both the similarities and differences on the public interest litigation, the later chapters of public interest litigation system

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