美国父权诉讼研究
发布时间：2018-11-01 19:44
【摘要】：美国的父权诉讼理论与机制的形成和发展经过了一个相当长的历史时期,它与英国的普通法有着很深的渊源。《圣经》以及古罗马的法律与实践都对它具有一定的影响。美国沿袭英国的法律传统,最早是在审理有关儿童的保护方面的案件时,引入父权诉讼权利这一理论的。经过在美国的不断发展和演变,与父权诉讼机制最初传统上仅仅只是保护儿童及智障人士相比,其在功能和意义上都有了很大转换和拓展。随着父权诉讼权力理论及其运行机制的不断发展演化,它已成为维护州主权的利益,以及公民的安全、健康、福祉等准主权的利益,包括防止环境污染、保护自然资源、反垄断、维护消费者的合法权益等等,对危害社会共利益的不法行为的威慑和对公共利益加以保护的、实践证明是行之有效的司法救助机制。对父权诉讼权力理论和实践的深入研究与观察,或许会对我国由检察机关提起民事公益诉讼的制度的确立和完善,有所参考与借鉴。倘真能如此,本人也将不胜荣幸! 本文除引言和结语部分外,共分为五个章节。第一章是,美国父权诉讼的概述。在本章节里,主要是介绍了父权诉讼的概念、历史起源、及其在美国的发展与演化。第二章是,美国父权诉讼权力行使的主体---州检察总长。本章主要是对行使父权诉讼权力的州检察总长的职责与功能等方面做了一个描述和介绍。第三章是,美国父权诉讼制度所保护的利益。在本部分,主要是介绍了父权诉讼所保护的主权利益和准主权利益的概念及其发展。第四章是,美国父权诉讼的优势及其局限性。本章主要是介绍了父权诉讼机制的优势及其存在的问题。第五章是,美国的父权诉讼机制对我国的启示。本章旨在讨论美国的父权诉讼,对我国确立由检察机关提起民事公益诉讼制度的参考与借鉴的可能性。研究美国的父权诉讼不仅具有重要的理论意义,还有重大的实践意义。就我国而言,借鉴美国父权诉讼成熟的司法实践,来解决我国目前不断涌现的群体性纠纷,保护弱势群体的切身利益,维护社会稳定,防止国有资产流失,保护环境与自然资源等方面都具有非常重要的现实意义。
[Abstract]:The formation and development of the theory and mechanism of patriarchal litigation in the United States has a long history, and it has a deep origin with the common law of England. The Bible, as well as the law and practice of ancient Rome, have a certain influence on it. The United States, following the British legal tradition, first introduced the theory of patriarchal litigation rights in cases relating to the protection of children. After the continuous development and evolution in the United States, compared with the patrilineal litigation mechanism, which is only to protect children and the mentally handicapped, its function and meaning have been greatly transformed and expanded. With the continuous development and evolution of the theory of patriarchal litigation power and its operating mechanism, it has become the interest of safeguarding state sovereignty, as well as the quasi-sovereign interests of citizens' safety, health and well-being, including preventing environmental pollution and protecting natural resources. Anti-monopoly, safeguarding the legitimate rights and interests of consumers and so on, the deterrence of illegal acts that endanger the common interests of society and the protection of public interests are proved to be an effective mechanism of judicial assistance in practice. The deep research and observation on the theory and practice of the paternity litigation power may be a reference to the establishment and perfection of the civil public interest litigation system initiated by the procuratorial organ in our country. If so, I will be honored! In addition to the introduction and conclusion, this article is divided into five chapters. The first chapter is the summary of American paternity litigation. In this chapter, the author mainly introduces the concept of patriarchal litigation, its historical origin, and its development and evolution in the United States. The second chapter is the main body of the exercise of patriarchal litigation power in the United States-the State Attorney General. This chapter mainly describes and introduces the duties and functions of the state attorney general who exercises the patriarchal litigation power. The third chapter is the interests protected by the American patriarchal litigation system. In this part, it mainly introduces the concept and development of sovereign and quasi-sovereign interests protected by patriarchal litigation. The fourth chapter is the advantages and limitations of American patriarchal litigation. This chapter mainly introduces the advantages and problems of patriarchal litigation mechanism. The fifth chapter is the enlightenment of American paternity litigation mechanism to our country. The purpose of this chapter is to discuss the patriarchal litigation in the United States and the possibility of establishing a civil public interest litigation system by procuratorial organs in China. The study of patriarchal litigation in America is not only of great theoretical significance, but also of great practical significance. As far as our country is concerned, we should learn from the mature judicial practice of patrilineal litigation in the United States to resolve the group disputes that are emerging constantly in our country, to protect the vital interests of the vulnerable groups, to maintain social stability, and to prevent the loss of state-owned assets. Protection of the environment and natural resources are of great practical significance.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D971.2;DD915
本文编号：2304907
[Abstract]:The formation and development of the theory and mechanism of patriarchal litigation in the United States has a long history, and it has a deep origin with the common law of England. The Bible, as well as the law and practice of ancient Rome, have a certain influence on it. The United States, following the British legal tradition, first introduced the theory of patriarchal litigation rights in cases relating to the protection of children. After the continuous development and evolution in the United States, compared with the patrilineal litigation mechanism, which is only to protect children and the mentally handicapped, its function and meaning have been greatly transformed and expanded. With the continuous development and evolution of the theory of patriarchal litigation power and its operating mechanism, it has become the interest of safeguarding state sovereignty, as well as the quasi-sovereign interests of citizens' safety, health and well-being, including preventing environmental pollution and protecting natural resources. Anti-monopoly, safeguarding the legitimate rights and interests of consumers and so on, the deterrence of illegal acts that endanger the common interests of society and the protection of public interests are proved to be an effective mechanism of judicial assistance in practice. The deep research and observation on the theory and practice of the paternity litigation power may be a reference to the establishment and perfection of the civil public interest litigation system initiated by the procuratorial organ in our country. If so, I will be honored! In addition to the introduction and conclusion, this article is divided into five chapters. The first chapter is the summary of American paternity litigation. In this chapter, the author mainly introduces the concept of patriarchal litigation, its historical origin, and its development and evolution in the United States. The second chapter is the main body of the exercise of patriarchal litigation power in the United States-the State Attorney General. This chapter mainly describes and introduces the duties and functions of the state attorney general who exercises the patriarchal litigation power. The third chapter is the interests protected by the American patriarchal litigation system. In this part, it mainly introduces the concept and development of sovereign and quasi-sovereign interests protected by patriarchal litigation. The fourth chapter is the advantages and limitations of American patriarchal litigation. This chapter mainly introduces the advantages and problems of patriarchal litigation mechanism. The fifth chapter is the enlightenment of American paternity litigation mechanism to our country. The purpose of this chapter is to discuss the patriarchal litigation in the United States and the possibility of establishing a civil public interest litigation system by procuratorial organs in China. The study of patriarchal litigation in America is not only of great theoretical significance, but also of great practical significance. As far as our country is concerned, we should learn from the mature judicial practice of patrilineal litigation in the United States to resolve the group disputes that are emerging constantly in our country, to protect the vital interests of the vulnerable groups, to maintain social stability, and to prevent the loss of state-owned assets. Protection of the environment and natural resources are of great practical significance.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D971.2;DD915
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