论法院民事公益诉讼职权的定位
发布时间：2019-01-01 19:46
【摘要】：现行的民事公益诉讼框架建立在私益诉讼的法院职权构造中,围绕私益保护的法院诉讼职权设定已无法有效实现公益诉讼诉讼目的,公益与私益的价值冲突以及不相匹配的审理模式严重影响着公益诉讼的发展。法院公益诉讼中的职权定位是解决上述问题的关键,更将为法院如何审理公益诉讼案件提供指引、参照。本文首先以公共利益的概念分析为基础,在介绍公共利益的特征与国内法律中的公共利益概念使用中明确公共利益的内涵,进而延伸至公益诉讼领域,通过域外和国内对公益诉讼的认识比较为蓝本重建公益诉讼的基本框架。其次,以民事公益诉讼的概念剖析为切入点,分析民事公益诉讼的理论基础,并通过比较探析职权主义、当事人主义以及协同主义三种诉讼模式与民事公益诉讼的兼容性,确立我国民事公益诉讼适宜的诉讼构造。再者,通过法院审查内容与方式以及其深层次原因和弊端的分析还原公益诉讼启动控制权的实然状态,并以程序正义和防止滥诉两大原则为依据,分析并试图呈现法院公益诉讼启动控制权的应然状态。然后,分别探讨了法院被动调查取证权与主动调查取证权在不同适格原告、不同公益范围中针对程序事项与实体事项的合理限缩。最后,以公益诉讼处分原则的弹性分析为基础,探究法院对当事人和解的审查在时间范围、公告程序、审查标准等方面的权力限度。
[Abstract]:The current framework of civil public interest litigation is established in the structure of the court functions and powers of the private interest litigation. The establishment of the court litigation authority around the protection of private interests can no longer effectively realize the purpose of the public interest litigation. The conflict of value between public interest and private interest and the unmatched trial mode seriously affect the development of public interest litigation. The position of power in the public interest litigation is the key to solve the above problems, and it will provide guidance for the court to deal with public interest litigation cases. Firstly, based on the concept analysis of public interest, this paper clarifies the connotation of public interest in introducing the characteristics of public interest and the use of the concept of public interest in domestic law, and then extends to the field of public interest litigation. Comparing the understanding of public interest litigation outside the country and at home is the basic frame of reconstructing public interest litigation. Secondly, taking the concept analysis of civil public interest litigation as the starting point, this paper analyzes the theoretical basis of civil public interest litigation, and analyzes the compatibility between the three modes of litigation and civil public interest litigation through comparative analysis of power doctrine, litigant doctrine and synergism. To establish the appropriate litigation structure of civil public interest litigation in China. Furthermore, through the analysis of the contents and methods of court review and its deep-seated causes and disadvantages, the paper analyzes the actual state of the right of control of the initiation of public interest litigation, and bases on the two principles of procedural justice and prevention of excessive litigation. This paper analyzes and attempts to present the proper state of the priming control right of the public interest litigation in the court. Then, the paper discusses the reasonable limitation of the right of passive investigation and active investigation of the court to obtain evidence in different suitable cases, different public welfare scope, for procedural and substantive matters. Finally, based on the flexible analysis of the principle of disposition of public interest litigation, this paper probes into the power limits of the court's examination of the parties' reconciliation in the time frame, the announcement procedure, the examination standard, and so on.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1
本文编号：2398034
[Abstract]:The current framework of civil public interest litigation is established in the structure of the court functions and powers of the private interest litigation. The establishment of the court litigation authority around the protection of private interests can no longer effectively realize the purpose of the public interest litigation. The conflict of value between public interest and private interest and the unmatched trial mode seriously affect the development of public interest litigation. The position of power in the public interest litigation is the key to solve the above problems, and it will provide guidance for the court to deal with public interest litigation cases. Firstly, based on the concept analysis of public interest, this paper clarifies the connotation of public interest in introducing the characteristics of public interest and the use of the concept of public interest in domestic law, and then extends to the field of public interest litigation. Comparing the understanding of public interest litigation outside the country and at home is the basic frame of reconstructing public interest litigation. Secondly, taking the concept analysis of civil public interest litigation as the starting point, this paper analyzes the theoretical basis of civil public interest litigation, and analyzes the compatibility between the three modes of litigation and civil public interest litigation through comparative analysis of power doctrine, litigant doctrine and synergism. To establish the appropriate litigation structure of civil public interest litigation in China. Furthermore, through the analysis of the contents and methods of court review and its deep-seated causes and disadvantages, the paper analyzes the actual state of the right of control of the initiation of public interest litigation, and bases on the two principles of procedural justice and prevention of excessive litigation. This paper analyzes and attempts to present the proper state of the priming control right of the public interest litigation in the court. Then, the paper discusses the reasonable limitation of the right of passive investigation and active investigation of the court to obtain evidence in different suitable cases, different public welfare scope, for procedural and substantive matters. Finally, based on the flexible analysis of the principle of disposition of public interest litigation, this paper probes into the power limits of the court's examination of the parties' reconciliation in the time frame, the announcement procedure, the examination standard, and so on.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1
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1 张卫平;;民事案件受理制度的反思与重构[J];法商研究;2015年03期
相关博士学位论文 前1条
1 张艳蕊;民事公益诉讼制度研究[D];中国政法大学;2005年
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