Thought on the Improvement of Public Interest Litigation Provisions in the Civil Procedure Law
Ling Gao-ji
Abstract
Ling Gao-ji
Abstract
Public interest litigation complies with the realistic demand for social justice. This provision has been firstly stipulated in China's Civil Procedure Law,but there are still many problems in its implementation and specific operations,namely,the prosecution of the litigation is not specific; the case range is vaguely defined,and relevant security mechanisms and reasonable supporting measures have not been designed,etc. Although divergences lie in the institutional setting mode in the public interest litigation provisions of the foreign countries,the function of each is the same in essence. China's public interest litigation remains to be improved in the body,the applicable scope,the pre- litigation procedure and the protecting system,in order to demonstrate its value system.
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Public interest litigation complies with the realistic demand for social justice. This provision has been firstly stipulated in China's Civil Procedure Law,but there are still many problems in its implementation and specific operations,namely,the prosecution of the litigation is not specific; the case range is vaguely defined,and relevant security mechanisms and reasonable supporting measures have not been designed,etc. Although divergences lie in the institutional setting mode in the public interest litigation provisions of the foreign countries,the function of each is the same in essence. China's public interest litigation remains to be improved in the body,the applicable scope,the pre- litigation procedure and the protecting system,in order to demonstrate its value system.
Key concepts: Scope (computer science), Public interest, Civil litigation, Law, Economic Justice, Order (exchange), Civil procedure, China