美國父權訴訟研究
發(fā)布時間：2018-11-01 19:44
【摘要】：美國的父權訴訟理論與機制的形成和發(fā)展經過了一個相當長的歷史時期,它與英國的普通法有著很深的淵源�！妒ソ洝芬约肮帕_馬的法律與實踐都對它具有一定的影響。美國沿襲英國的法律傳統(tǒng),最早是在審理有關兒童的保護方面的案件時,引入父權訴訟權利這一理論的。經過在美國的不斷發(fā)展和演變,與父權訴訟機制最初傳統(tǒng)上僅僅只是保護兒童及智障人士相比,其在功能和意義上都有了很大轉換和拓展。隨著父權訴訟權力理論及其運行機制的不斷發(fā)展演化,它已成為維護州主權的利益,以及公民的安全、健康、福祉等準主權的利益,包括防止環(huán)境污染、保護自然資源、反壟斷、維護消費者的合法權益等等,對危害社會共利益的不法行為的威懾和對公共利益加以保護的、實踐證明是行之有效的司法救助機制。對父權訴訟權力理論和實踐的深入研究與觀察,或許會對我國由檢察機關提起民事公益訴訟的制度的確立和完善,有所參考與借鑒。倘真能如此,本人也將不勝榮幸! 本文除引言和結語部分外,共分為五個章節(jié)。第一章是,美國父權訴訟的概述。在本章節(jié)里,主要是介紹了父權訴訟的概念、歷史起源、及其在美國的發(fā)展與演化。第二章是,美國父權訴訟權力行使的主體---州檢察總長。本章主要是對行使父權訴訟權力的州檢察總長的職責與功能等方面做了一個描述和介紹。第三章是,美國父權訴訟制度所保護的利益。在本部分,主要是介紹了父權訴訟所保護的主權利益和準主權利益的概念及其發(fā)展。第四章是,美國父權訴訟的優(yōu)勢及其局限性。本章主要是介紹了父權訴訟機制的優(yōu)勢及其存在的問題。第五章是,美國的父權訴訟機制對我國的啟示。本章旨在討論美國的父權訴訟,對我國確立由檢察機關提起民事公益訴訟制度的參考與借鑒的可能性。研究美國的父權訴訟不僅具有重要的理論意義,還有重大的實踐意義。就我國而言,借鑒美國父權訴訟成熟的司法實踐,來解決我國目前不斷涌現的群體性糾紛,保護弱勢群體的切身利益,維護社會穩(wěn)定,防止國有資產流失,保護環(huán)境與自然資源等方面都具有非常重要的現實意義。
[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.
【學位授予單位】：河北大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D971.2;DD915
本文編號：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.
【學位授予單位】：河北大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D971.2;DD915
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1 姚建龍;;少年司法的起源:美國少年矯正機構運動的興起[J];環(huán)球法律評論;2007年01期
相關碩士學位論文 前1條
1 李麗;試論檢察機關提起民事公訴[D];湘潭大學;2005年
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