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2022-09-11 03:23:12慈善赈灾2

Faced with the mobile phone roaming charges ceiling of the emergence of the status quo, public interest litigation system and the construction of the urgency of improving demand has yet again shown up. Public Interest Litigation is in contrast to the case of Siyi litigation, originated in Roman law, mature in Japan, the United States and other developed capitalist countries, is also known as the fine proceedings, the public proceedings. V. welfare system here is that any organization or individual can be authorized under the law, breach of the law, violating national interests, public interests and the interests of the court proceedings, the court held the law to the activities of legal responsibility. General Procedure Law theory, when interest is the damage, the interests of the victims have the right to prosecute to the court, requests for judicial relief, but if you are against the public interest, who is sued? With the extension of the field of social and public services and the growth of the public, our country is facing a legal problem so. Whether in the civil or common law, the public interest litigation on the civil plaintiff's specific system requirements are more or less the difference, but one thing is common, that is, in civil proceedings in the public interest for the plaintiff that did not take unified only by direct stakeholders sued, but diversity, in addition to direct interested parties, non-direct interest also can be used for the plaintiff. Specifically, the procuratorial organs as civil plaintiffs filed public interest litigation is a common form of non-interest with the case of the general public or community organizations, social groups, in many countries eligible plaintiffs also sued on behalf of another person, and in some countries, based on public interest litigation against private or public proceedings have certain incentives. These similarities indicate that the public interest litigation in the civil legislation in the field of implementation of the plaintiff's diversification has become a modern civil public interest litigation underlying trends; On the other hand, as well as China's public interest litigation on the civil plaintiff, the design of the system provides a blueprint. China Public Interest Litigation in the Construction of the system, should carry out the necessary theoretical preparations. For the emergence of public interest litigation system, which is a worrying problem - a litigation explosion. Is called the explosion, not only because of the number of lawsuits, energy, civil litigation system has exceeded the load, but also because the litigation and its operating mechanism has been the country's social life had a profound impact. Despite a legal system has generated its own causes, but human nature is also a contributor to the inevitable and, as the participation of the subjective factor, and inevitably will be a certain one-sided and non-perfect, and in relation to many conflict of interest, it is impossible to completely abide by the law and the GU, often in the interests of the trade-offs, but we have chosen to protect a certain interest, the interests of another kind of damage it is inevitable, therefore, avoid litigation The emergence of the explosion we face will be one of the many questions. For our part, the public interest litigation is a new form of litigation, is still in practice in the exploratory stage. As public interest litigation proceedings with the traditional differences between great, therefore, in the traditional litigation model based on the establishment of the proceedings will be public interest litigation is a long and difficult process. Moreover, while the public interest litigation would solve many of the traditional litigation can not solve the problem, but justice can not monopolize all, especially in China's current political system, therefore, the establishment of public interest litigation system, whether it is through legislation to establish the concept of the concrete the design of the system should be doubly cautious.

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