Research on the Possibility of Civil Public Interests protected by Individual Litigation in China: Based on the Path of Similarity of Interests

Liping JIANG

Abstract


The forms of civil public interests relief are mainly citizen suit, class action and test litigation in western countries. The contradiction between the demand of civil public interests relief and the supply of public subjects gradually appears in Chinese civil action. The limitation of Chinese public subjects in public interests relief and the non-finality of civil action relief further aggravate the contradiction. Public interests show the dual attributes of private benefit and public benefit, in which the similarity of private benefit is the theoretical basis of public interests protected by individual litigation. The similarity of private benefit not only provides the theoretical path of individual litigation, but also overcomes the contradiction between the traditional civil public interest litigation and the interest of litigation. 


Keywords


Civil public interest litigation; Individual litigation; Interest of litigation; Similarity of interest

Full Text:

PDF

References


Cai, S. Q. (2012). The legal protection of commons. Hebei Law Science, (04).

Cai, S. Q. (2015). On good law and good governance concerning commons from the fog and haze. Law Science Magazine, (06).

Cai, X. W. (2016). Chinese interpretation of Actio (1st ed., Part. 1, pp.43). China University of Political Science and Law Press.

Chao, Z. X. (2017). Research on the Contract of Civil Right of Action: The Influences of Judicial Experience on the Development of Legal Theory. The Jurist, (01).

David, W. O. (2005). Peer-to-peer networks, technological evolution, and intellectual property reverse private attorney general litigation. Berkeley Technology Law Journal, 20, 1685-1754.

Gong, G. (2017). Just looks like twins: comparative research on environmental public interest litigation between China and U.S.. Journal of Comparative Law, (02).

Han, B. (2013). The combination of power of public interest litigation system. Contemporary Law Review, (01).

Hu, J. (2017). Normative validities of environmental rights: justiciability and reification. China Law Review, (05).

Huang, Z. S. (2015). On the integration of public interest litigation and private interest litigation -- also on the construction of group litigation system with Chinese characteristics. The Jurist, (01).

Jean, V. S. K. (2001). Procédure civile (1st ed., Part. 1., pp.20, & J. Z. Luo, Trans.). China Legal Publishing House.

Jolowicz, J. A. (2008). Study on civil procedure (1st ed., Part. 1, pp.68, & Z. Y. Wu, Trans.). China University of Political Science and Law Press.

Kathleen, K. (2009). The trafficked worker as private attorney general: A model for enforcing the civil rights of undocumented workers. University of Chicago Legal Forum, 1, 247-338.

Liu, Y. (2017). The Evolution of American Private Prosecution Litigation and Its Enlightenment to China. Administrative Law Review, (05).

Robert, H. K. (2013). The decline of class action. Washington University Law Review, 90, 729-832.

Kayes, T. (2013). Jury certification of federal securities fraud class actions. Northwestern University Law Review, 107, 1851-1880.

Xiao, J. G. (2007). Research on the basic mode of civil public interest litigation -- a comparative investigation centering on China, the United States and Germany. China Law Review, (05).

Xing, X. (2018). Initial standard for administrative public interest litigation: reflections on 74 juridical documents. Administrative Law Review, (06).




DOI: http://dx.doi.org/10.3968/11421

Refbacks

  • There are currently no refbacks.


Copyright (c) 2020 Canadian Social Science

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.


Share us to:   


Reminder

  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.
  • We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases: caooc@hotmail.com; css@cscanada.net; css@cscanada.org

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).

 CANADIAN SOCIAL SCIENCE Editorial Office 

Address1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.

Website: Http://www.cscanada.net Http://www.cscanada.org 
E-mailcss@cscanada.net, css@cscanada.org

Copyright © Canadian Academy of Oriental and Occidental Culture