我国民事公益诉讼审判程序建构研究

发布时间：2018-09-11 16:47

【摘要】：我国侵害公共利益的案件频发,人们也有意识的寻求司法救济。但是司法救济的重要程序问题——审判程序却没有引起学界和司法实务界的重视,目前为止公益诉讼案件依然适用传统民事诉讼审判程序进行审理。这种做法不仅给审判人员和当事人的诉讼活动带来不便,而且降低了裁判结果的可接受性。本文以此为基点对我国公益诉讼的审判程序进行初步建构。本文主要内容如下:第一部分,审判程序及建构逻辑。审判程序主要涉及审判权和诉权的行使。不同的审判程序因其诉讼客体的差异而使其当事人诉权和法院审判权的配置有所不同。根据作为诉讼客体的纠纷的性质来构建审判程序就是我国民事公益诉讼审判程序建构的基本逻辑。第二部分,传统诉讼程序审理民事公益诉讼的困境。民事公益诉讼与传统诉讼因其解决的纠纷的性质不同而适用不同的审判模式,传统诉讼以“对抗·判定”为其基本结构,而民事公益诉讼各方逐渐由对抗走向协作。这种差异引发了一系列冲突,解决这些冲突是进行公益诉讼审判程序建构的直接目的。第三部分,我国民事公益诉讼审判程序建构。这部分是本文论述的核心,民事公益诉讼审判程序是审判程序类型之一,应当遵循审判程序建构逻辑。具体内容主要从三个方面进行,对当事人诉权的具体设计、对法院审判权行使的具体设计以及民事公益诉讼审理后作出的裁判的既判力问题。对诉权和审判权的具体的建构是本文的核心内容,笔者对其进行了详细的阐述。
[Abstract]:In our country, the cases of infringing on public interest occur frequently, and people also seek judicial remedy consciously. However, the important procedural problem of judicial remedy is that the trial procedure has not attracted the attention of the academic circles and the judicial practice circle. So far, the public interest litigation cases are still applied to the trial procedure of the traditional civil litigation. This not only brings inconvenience to the litigation activities of judges and parties, but also reduces the acceptability of adjudication results. Based on this, this paper constructs the trial procedure of public interest litigation in our country. The main contents of this paper are as follows: the first part, trial procedure and constructive logic. The trial procedure mainly involves the exercise of the jurisdiction and the right of action. The disposition of litigant's right of action and court's jurisdiction is different in different trial procedure because of the difference of its litigation object. Constructing trial procedure according to the nature of dispute as the object of litigation is the basic logic of the construction of trial procedure in civil public interest litigation in China. The second part, the predicament of the traditional procedure to try the civil public interest litigation. Civil public interest litigation and traditional litigation have different trial modes because of their different nature of disputes resolved. The traditional litigation takes "adversary judgment" as its basic structure, while the parties in civil public interest litigation gradually change from confrontation to cooperation. This kind of difference has caused a series of conflicts, resolving these conflicts is the direct purpose of constructing the trial procedure of public interest litigation. The third part, our country civil public interest lawsuit trial procedure construction. This part is the core of this article, civil public interest litigation trial procedure is one of the types of trial procedure, should follow the trial procedure construction logic. The concrete contents are mainly from three aspects: the specific design of the litigant's right of action, the specific design of the exercise of the court's jurisdiction and the res judicata of the judgment made after the trial of civil public interest litigation. The concrete construction of the right of action and jurisdiction is the core of this paper, and the author expounds it in detail.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1

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