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초록

영어

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.

목차

一、序言
 二、民事私益诉讼的受理程序
  （一）中国的受理程序及起诉要件
  （二）韩国的起诉程序
  （三）评析
  （四） 解决对策——缓和起诉要件及其前提要件
 三、法院依职权追加第三人
  （一）中国有关法院可以追加第三人的情形
  （二）弊端分析
 四、民事公益诉讼的启动
  （一）公益诉讼的概念
  （二）政府机关提起民事公益诉讼的弊端
 五、结论
 ≪参考文献≫

키워드

민사소송의 제기하는 권리 소제기의 요건 공익소송 법원의 직권에 의하여 제3자 추가 법원의 분쟁해결 범위 民事起诉权 right to filing a civil action the element to filing a civil action public interest litigation court’s appending party scope of the court dealing with disputes 起诉要件 公益诉讼 法院追加第三人 主管

저자

• 孔金萍 [ Kong，Jin-ping | 延世大学民事诉讼法博士研究生，中国律师。 ]

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