英文摘要 |
Distinguishing public-interest litigation form private-interest litigation makes research easier, but maintaining insulation between public-interest litigation and private-interest litigation is to cut the feet to fit the shoes. In order to resolve mass disputes timely and properly, theorists and practitioners are attempting to use joint action system to mitigate difficulties caused by the conflict of public-interest litigation and private-interest litigation. However, this solution will lead to multi-party litigation which is not welcomed by policy-makers. Granting private-interest Prozessfuhrungsrecht to the subject of public-interest Prozessfuhrungsrecht or granting public-interest Prozessfuhrungsrecht to the subject of private-interest Prozessfuhrungsrecht through procedural or substantive empowerment model helps to avoid multi-party litigation and promote integration of public-interest litigation and private-interest litigation. Based on this integration, this paper establishes a system of group litigation with Chinese characteristics from the perspective of legal interpretation. |