2004•Journal of Fujian Normal UniversityRequires access

On Establishment of Lawsuit Systems for Public Interest with Chinese Characteristcs

Liao Shen-ji

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Abstract

Lawsuit for Public Interest is a new sort of lawsuit S ystem estab lished in various countries worldwidely, especially those law-governing ones, f or protecting national interests, social public interests, citizens or collect iv e interests, and fairly-competitive public order. So far in our history, China l ags far behind others in aspects of legislature and judicature for Lawsuit for P ublic Interests, which renders the ineffective judicial warrant for those intere sts and public order mentioned above, and results into repeated and decreasing c ases of violating public interests in real social lives. At present, there is an urgent need to establish a scientific Lawsuit Systems for public interests with Chinese characteristics. The essay argues on the establishment of Lawsuit System for Public Interest with Chinese characteristics in aspects of the certifica te for persons who claim, the range of case process, validity of lawsuit, justific ation system, evidence-providing duty, punishment for lawsuit rights, supervis ion for justification, expenses for lawsuit, lawsuit incentive mechanism, etc..

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Lawsuit for Public Interest is a new sort of lawsuit S ystem estab lished in various countries worldwidely, especially those law-governing ones, f or protecting national interests, social public interests, citizens or collect iv e interests, and fairly-competitive public order. So far in our history, China l ags far behind others in aspects of legislature and judicature for Lawsuit for P ublic Interests, which renders the ineffective judicial warrant for those intere sts and public order mentioned above, and results into repeated and decreasing c ases of violating public interests in real social lives. At present, there is an urgent need to establish a scientific Lawsuit Systems for public interests with Chinese characteristics. The essay argues on the establishment of Lawsuit System for Public Interest with Chinese characteristics in aspects of the certifica te for persons who claim, the range of case process, validity of lawsuit, justific ation system, evidence-providing duty, punishment for lawsuit rights, supervis ion for justification, expenses for lawsuit, lawsuit incentive mechanism, etc..

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Available abstract

Lawsuit for Public Interest is a new sort of lawsuit S ystem estab lished in various countries worldwidely, especially those law-governing ones, f or protecting national interests, social public interests, citizens or collect iv e interests, and fairly-competitive public order. So far in our history, China l ags far behind others in aspects of legislature and judicature for Lawsuit for P ublic Interests, which renders the ineffective judicial warrant for those intere sts and public order mentioned above, and results into repeated and decreasing c ases of violating public interests in real social lives. At present, there is an urgent need to establish a scientific Lawsuit Systems for public interests with Chinese characteristics. The essay argues on the establishment of Lawsuit System for Public Interest with Chinese characteristics in aspects of the certifica te for persons who claim, the range of case process, validity of lawsuit, justific ation system, evidence-providing duty, punishment for lawsuit rights, supervis ion for justification, expenses for lawsuit, lawsuit incentive mechanism, etc..

Key concepts: Lawsuit, Duty, Legislature, Public interest, Law, Political science, Order (exchange), Business

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