論現(xiàn)代型民事訴訟.pdf

1、河北大學(xué)碩士學(xué)位論文論現(xiàn)代型民事訴訟姓名：洪萌申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：訴訟法學(xué)指導(dǎo)教師：柯陽(yáng)友20100601Abstract IIAbstract China is in the period of deeply social transformation. Public interests are infringed upon now and then such as states assets are faced with mis

2、appropriation seriously , which due to the benefits allotment is not all in this period . Public interests can not be protected not only because of imperfection of litigation and Judiciary, but also the people’s less-int

3、erest in awakening consciousness. The modern-typed lawsuits are different from the traditional civil litigation in characteristics, structure and functions. In this word, it is more appropriated to the model of the colla

4、borative action doctrine and takes an important place. It has been making a large passion to the traditional civil procedural lawsuits, such as the theory of the role of the partner, the evidence theory and the action fu

5、nction.The modern-typed lawsuits concept is accepted by most countries, but in different titles and focus. The class action of the United States and the representative proceeding of the Britain are on behalf of the commo

6、n law system. The group litigation of Germany and the Selection of representative action of Japan are the representation of the civil law system. We hope that the comparative analysis study of different operating system

7、to China Construction of a modern-type civil reference. In our case, the group litigation, public interest litigation and other similar theories has been researched much more; the modern-typed lawsuits with a common gro

8、und but not completely coincide. Therefore, it is very important to clarify the boundaries and types of the modern-typed lawsuits with our analysis of the status. We can find the problems of our country in the theory, le

9、gislative and judicial practice through the analysis of the modern-typed lawsuits’ current situation of the three forms. Currently, the major-right-typed dispute involves many people has being taken some place of the mo

10、dern-typed lawsuits in our country, and the parties will not give up their rights easily, so improve the lawsuits of our country and build the model action is a right road. This is the first one. Second, the small-type d