2013Journal of Kunming UniversityRequires access

On the Determination of the Subject of Public Interest Litigation in the Context of New Civil Procedure Law

Yang Liu-qian

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Abstract

The subject of public interest litigation is extensive,but it is also limited. The qualification of subject of public interest litigation of organs of state should be based on its function,rank and jurisdiction. The qualification of subject of society organization should be based on its aim,scope of business and area of activity. A citizen can not bring litigation to the behavior which is harmful to public interest,but he could reflect problems to state organs and society organization. The relations between the subject of public interest litigation,the subject of public interest litigation and direct stakeholders,and the power of administration of organs of state and civil public interest litigation rights should be handled correctly.

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What this paper is about

The subject of public interest litigation is extensive,but it is also limited. The qualification of subject of public interest litigation of organs of state should be based on its function,rank and jurisdiction. The qualification of subject of society organization should be based on its aim,scope of business and area of activity. A citizen can not bring litigation to the behavior which is harmful to public interest,but he could reflect problems to state organs and society organization. The relations between the subject of public interest litigation,the subject of public interest litigation and direct stakeholders,and the power of administration of organs of state and civil public interest litigation rights should be handled correctly.

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Available abstract

The subject of public interest litigation is extensive,but it is also limited. The qualification of subject of public interest litigation of organs of state should be based on its function,rank and jurisdiction. The qualification of subject of society organization should be based on its aim,scope of business and area of activity. A citizen can not bring litigation to the behavior which is harmful to public interest,but he could reflect problems to state organs and society organization. The relations between the subject of public interest litigation,the subject of public interest litigation and direct stakeholders,and the power of administration of organs of state and civil public interest litigation rights should be handled correctly.

Key concepts: Public interest, Subject (documents), Jurisdiction, Context (archaeology), Scope (computer science), State (computer science), Law, Civil procedure

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