Discussion on Concepts of Public Interest Litigation
AO Shuang-hong
Abstract
AO Shuang-hong
Abstract
The contradiction of the concept of the public interest litigation causes the contradiction in the theory and the practice,it often confuses that refers and can refer,we must correctly solve several basic problems: The plaintiff should expand for the benefit which sues;The objective public interest factor has existence;we must jump out of family rules and regulations and the procedural law to regard the lawsuit;The public interest litigation stresses on the goal of public interest of the plaintiff.Moreover,according to the knowledge economy principle and the basic unit principle as well as the lawsuit goal,it is inconsistent that the order of the public interest litigation between start and the importance.
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The contradiction of the concept of the public interest litigation causes the contradiction in the theory and the practice,it often confuses that refers and can refer,we must correctly solve several basic problems: The plaintiff should expand for the benefit which sues;The objective public interest factor has existence;we must jump out of family rules and regulations and the procedural law to regard the lawsuit;The public interest litigation stresses on the goal of public interest of the plaintiff.Moreover,according to the knowledge economy principle and the basic unit principle as well as the lawsuit goal,it is inconsistent that the order of the public interest litigation between start and the importance.
Key concepts: Lawsuit, Plaintiff, Public interest, Contradiction, Order (exchange), Unit (ring theory), Law and economics, Law