我国律师参与公益诉讼的问题研究

发布时间：2018-07-11 14:54

本文选题：公益诉讼 + 律师　；参考：《中南大学》2011年硕士论文

【摘要】：改革开放以来,随着我国经济和社会的快速发展,出现了些诸如环境污染、国有资产流失等涉及到损害社会公共利益和国家利益的现象。公益诉讼案件也越来越多。律师通常是公益诉讼的积极的发动者和参与者。但是,我国未对公益诉讼做相关的立法规定,律师参与公益诉讼缺乏资金及其它方面的支持,导致律师参与公益诉讼现状并不乐观。本文力图从明确公益诉讼的概念和渊源开始,分析我国律师参与公益诉讼的现状和问题,提出构建我国公益诉讼和公益律师制度的建议。文章主要从以下部分展开：第一章主要从公益诉讼的概念和渊源入手,分析了国外的公益诉讼现状和公益律师,对我国的公益诉讼和律师参与公益诉讼现状进行了分析,提出了关键问题。第二章对我国的律师参与公益诉讼的必要性和可行性进行分析。第三章通过对现阶段我国律师参与公益诉讼的现实困境分析,笔者认为我国律师参与公益诉讼缺乏制度的保障,原告资格问题和诉讼成本问题是阻碍律师参与公益诉讼的“拦路虎”。第四章笔者对构建我国的公益诉讼和公益律师制度提出了自己的建议,认为需要加强公民和律师公益诉讼意识的培养、构建培养公益律师的专门制度,从立法赋予律师提起公益诉讼的原告资格问题,最后建立公益诉讼程度制度和激励制度。
[Abstract]:Since the reform and opening up, with the rapid development of our economy and society, there have been some phenomena such as environmental pollution, loss of state-owned assets and so on, which are related to the damage to social public interests and national interests. Public interest litigation cases are also increasing. Lawyers are usually active initiators and participants in public interest litigation. However, our country does not make the relevant legislation stipulation to the public interest lawsuit, the lawyer participates in the public interest lawsuit lacks the fund and the other aspect support, causes the lawyer to participate in the public interest lawsuit present situation is not optimistic. This paper tries to clarify the concept and origin of public interest litigation, analyzes the current situation and problems of lawyers' participation in public interest litigation, and puts forward some suggestions on the construction of public interest litigation and public interest lawyer system in China. The first chapter starts with the concept and origin of public interest litigation, and analyzes the current situation of public interest litigation and public interest lawyers in foreign countries. This paper analyzes the current situation of public interest litigation and lawyers' participation in public interest litigation in China, and puts forward some key issues. The second chapter analyzes the necessity and feasibility of lawyers' participation in public interest litigation. The third chapter analyzes the current situation of lawyers' participation in public interest litigation in our country. The author thinks that our lawyers' participation in public interest litigation lacks the guarantee of system. The problem of plaintiff's qualification and litigation cost is an obstacle to lawyers' participation in public interest litigation. In the fourth chapter, the author puts forward his own suggestions on the construction of public interest litigation and public interest lawyer system in our country, and thinks that it is necessary to strengthen the cultivation of citizen and lawyer's awareness of public interest litigation, and to construct a special system to train public interest lawyer. Finally, the system of the degree of public interest litigation and the incentive system are established.
【学位授予单位】：中南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925;D926.5

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