지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The characteristics of the startup of civil procedure in China are as follows. First, it provides for strict elements to limit the party to file a civil action. Second the Court can append the third party without the party’s application. Third, the 2012 amendments to the Civil Procedure of China, also give the right to start the civil public interest litigation to the government agencies. The elements of filing an action determine the scope of the dispute dealt by the court. In this paper, by analyzing the existing problems of the civil procedure’s startup, the author thinks that China should enhance the independent status and authority of the courts. Under this premise, China should reduce the elements of filing a civil action, and put the right as a constitutionally protected right. China should abolish the terms that the court can append a third party ex officio. Instead, China should enhance joint action system. As in Chinese society " government is strong, and citizens are weak ", as well as the independent status of the courts and the lack of authority, China shall postpone giving the government agencies the power to file public interest litigation, and the development of public interest litigation should mainly rely on community organizations.
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