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发表于 2015-8-25 18:47:13 | 只看该作者 回帖奖励 |正序浏览 |阅读模式
made the following provision for public interest litigation, "pollution of the environment, against the legitimate rights and interests of many consumers, harm the public's interests, agencies and related organizations of relevant legal provisions to the courts."  ? doubts 1 The organizations concerned whether or not containing "NGO"? "Relevant organizations" instead of "relevant social groups", expanding the scope of public interest litigation subject qualification Since the first trial began, the qualification of public interest litigation has been a concern. Many experts point out that the revised Civil Procedure Law, the Public Interest Litigation Qualification is still vague. "Law authority" in the end, including what the executive? "Concerned" whether to include non-governmental organizations? These issues are not clear.
public interest litigation or prosecution will fall into the difficult predicament. Law Committee of the NPC Standing Committee Wang Shengming, deputy director explained that the reason for the revised Civil Procedure Law of "relevant organizations" instead of "relevant social groups", from the following considerations: social groups is a big concept, or a narrow The concept? If the concept is great, it will include many groups. But in fact, social organizations registered with the civil affairs department of only part of the social organization. For example, 2011 data, the civil affairs department of social organization registered more than 462,000, of which about 250,000 of the name "social organizations", there are about 200,000 to "private non-enterprise units", as well as more than 2000 Foundation. Wang Shengming said that based on the current situation, "relevant organizations" instead of "relevant social groups", expand the subject eligibility for public interest litigation. As to which organization fit to bring public interest litigation, said Wang Shengming, may further clarify provisions in the development of relevant laws. For example, he said, the Law Committee of the Civil chamber being revised consumer protection law, is being studied for the event against the interests of consumers, which organized the protection of consumers, the right to initiate public interest litigation.  ? doubts 2 Why is not the main qualifications of individual citizens? There are others on behalf of individuals injured willingness to initiate proceedings, the law still needs to clear This revision starts from the beginning, there were calls, in addition to agencies, groups and organizations, subject eligibility for public interest litigation, it should be included in the "individual citizens." Legislation should be clear procedures by which the individual citizen, filed public interest litigation. However.
the first instance of Small Claims Final Appeal for a retrial may be presented to the trial court, the burden of proof overdue penalties, prosecution and supervision, the National People's Congress Law Committee, deputy director Wang Shengming one by one to make It explained. Keywords: Small Lawsuit Who will release small amounts subject of litigation? Terms: grass courts and it sent the court the facts are clear.
the revised Civil Procedure Law, individual citizens and are not included in the main range. After yesterday's news conference ended, Wang Shengming was besieged by reporters, questioning why we did not give individual citizens the right to Public Interest Litigation? Wang Shengming explained that environmental pollution, for example, based on the current Civil Procedure Law, Civil Law, individual citizens has been compromised, you can sue, "Environmental pollution piece, every injured person, can be based on Civil Procedure, initiated litigation ";" The concept of civil law 'damage', and a large range, not only personal injury and reduce property, including damage imminent, so the face of environmental pollution incubation period, is about to be compromised individuals, but also can be based on civil law, initiated litigation ";" If individuals exposed to environmental pollution,abercrombie paris, to initiate proceedings difficult, then they can help litigation, civil law in this area, also have provisions of Civil Procedure, there are no obstacles. " He said that for individual citizens to initiate public interest litigation, the law should address is the case: individual citizens, current or future, are not compromised, and is not for the purpose of helping the proceedings, but there is the will on behalf of others compromised launched litigation, "How to start proceedings in this case, need to be clear."  ? Clauses Yesterday morning, after the vote, the draft amendment to the Civil Procedure Law, the NPC Standing Committee held a press conference. For the four major changes after the Civil Procedure Law of the overhaul.
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