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Research On The Scope Of Civil Public Interest Litigation Cases

Posted on:2022-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhuFull Text:PDF
GTID:2516306614955059Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
Article 58 of the Civil Procedure Law is the starting point for the study of civil public interest litigation system.The early public interest litigation system idea and the procedure design belong to the comparative law research,the interpreter hopes to expand the public interest litigation protection scope through the public interest inspection analysis.With the continuous promotion of the pilot work of procuratorial public interest litigation,the judicial organs have constantly summarized the experience of handling public interest litigation cases and summarized the types of public interest infringement.Unfortunately,the relevant legislation is vague and limited in scope.In addition to the direct correspondence of environment and consumption,there are some practical problems such as legislative follow-up,practical experience and procedural norms.Although the prosecutorial public interest litigation is qualified as the bottom line of the system practice,it is still necessary to support the proper subject prosecution.We should deeply understand the system boundary and practice orientation of civil public interest litigation,introduce the argumentation procedure of public interest judgment,and rebuild the scope system of "induction enumeration".Improve the matching connection from discovery of clues to filing a lawsuit and then to acceptance of contents by the court.Under the premise of practical needs,explore the outer space of civil public interest litigation system.
Keywords/Search Tags:Civil public interest litigation, Scope of case acceptance, Public interest, Procuratorial organ
PDF Full Text Request
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