Damage public interest behavior to be brought into commonweal lawsuit limits

Civilian those who accuse the law revises hopeful of mechanism of sprint procuratorial work to carry commonweal lawsuit duty draft will be in what standing committee of countrywide National People's Congress refers to discuss Yanmu code of civil law by this year October to revise already entered sprint phase. Wide the commonweal lawsuit difficult problem that gets attention, become this civilian one of topic for discussions that accuse the law is revised. Environmental pollution, violate consumer interest these behavior that harm public interest, the limits of lawsuit of the commonweal that be brought into. Procuratorial work mechanism also is gifted by this draft of commonweal lawsuit main body duty, long-term since the phenomenon of vacancy of commonweal lawsuit main body or will get alleviating. Commonweal lawsuit main body no longer vacancy? On September 17, on the forum of 3 old procedural law that holds in Chinese people university, participate in civilian the courtyard of law of Chinese people university that accuses the law is revised teachs Shang Wei to build, reported civilian accuse the law revises involved issue. Among them, the modification of commonweal lawsuit problem is fetching attention. In recent years, pollute the happening of incident as increasing environment, the problem of lawsuit of environmental pollution commonweal is increasing also. The incident such as pollution of oil of pollution of chromium of Yunnan land fine, health humble gives local zoology environment, dweller to produce the life to wait bring negative effect. The individual such as environmental protection organization, lawyer tries to try to mention commonweal lawsuit, strive for compensation for local dweller, safeguard rights and interests. In addition, undesirable manufacturer encroachs the phenomenon of consumer interest to also happen from time to tome, oil of channel of poisonous milk powder, ground, endanger health of consumer body and mind. But no matter be,consumer interest is damaged, citizen individual or civilian organization should raise commonweal lawsuit is encountering a variety of predicament. Especially how does qualification of litigant main body decide, become the chief difficult problem of commonweal lawsuit. Revised draft this to be made to main body qualification affirm. Shang Wei is built say, the main body that litigation of the commonweal in draft raises is stated for " concerned mechanism and social organization " . "Concerned mechanism " how to explain? Shang Wei is built say, legislature hopes to include procuratorial work mechanism and executive authority. "But the executive authority mentions commonweal lawsuit dispute is very big, procuratorial work mechanism mentions commonweal suit basically has consensus at present. " Shang Wei is built say. Nevertheless, accuser is held the position of in commonweal lawsuit to procuratorial work mechanism this one regulation is open to question also. Seminar spot, courtyard of law of Chinese people university teachs Dai Yuzhong to express, the law that procuratorial work mechanism of China is a country supervises office, it basically is mixed to the result of forensic judge the illegal behavior among lawsuit undertakes supervisory. And sue the strife that controls function to form influence to go up with its as accuser. Shang Wei is built in accept " daily of the first finance and economics " express when the special interview, procuratorial work mechanism can is opposite guilty to sue, because crime encroached a society public order, also can say to harm public interest. Because of the phenomenon of this public to encroaching interest, procuratorial work mechanism can be fulfilled its sue function. Next, after public interest is damaged, the likelihood does not have prosecution main body. "Private likelihood is not willing to sue, sued also cannot get any advantage, and sue the cost with still have fixed. So commonweal lawsuit often appears the circumstance of vacancy of litigant main body. If do not have a person to sue, public interest cannot be protected. " Shang Wei builds an analysis to say. Ceng Youlv division tries to mention commonweal lawsuit, however because of derelict body qualification out of court. This, whether to have right to the individual to lodge a complaint, shang Wei is built say to still do not have final conclusion. Procuratorial work mechanism monitors civil suit in the round among civil suit, the litigant can encounter litigant right to cannot get the phenomenon of safeguard, be like cannot should put on record, public trial was not made public however was not carried out to wait after adjudgement, adjudgement. Shang Wei is built tell our newspaper the reporter, this civilian the modification that tells a way, establish procuratorial work mechanism controls function to the whole journey of civil trial, supervise in order to pass, ensure judicial justice tries, be opposite at the same time of party accuse authority undertakes ensuring, make thereby party mutual between can equal antagonism. Shang Wei is built express, procuratorial work is supervised is the most important part in be being revised this. Original procuratorial work is supervised is local only supervise, sentence to the fault of become effective judgment namely, party but to appeal of procuratorial work mechanism, procuratorial work mechanism can undertake counterappeal. And added 3 kinds of conditions newly this, procuratorial work scheme can get involved civil suit. It is above all before appealing to, supervise, party sues experience difficulty, fail put on record, can go to the procuratorate appeal, the procuratorate can support sue. Next, the court is among adjudgement process, the phenomenon that if appeared,the program violates, what comprise e.g. collegiate bench is illegimate, should make public adjudgement to wait without public trial, this are evasive, the court rules the case is done not have jurisdictional etc, enroach on the legitimate rights and interests of party, party can mention to the procuratorate appeal, the procuratorate can undertake supervisory. In addition, the court may produce a variety of mistakes in executive process, it is subsidiary owes money originally for instance, it carries out the belongings of the parent company, perhaps say business failure, it carries out the individual's belongings, such, party to forensic demur, the court does not grant to correct, party or the interest is relevant person can to procuratorate to lodge a complaint. The procuratorate says you to the court again this behavior is a mistake, disobeyed civil suit which regulation, ask you to correct, this is pair of supervising that carry out. What how procuratorial work mechanism assures to supervise an opinion is effective? Shang Wei is built express, to the supervisory opinion that the procuratorate offers, if the court is not corrected, the procuratorate can be mirrorred to ranking court. Additional, the procuratorate can be mirrorred to National People's Congress, call National People's Congress to supervise. The 3rd, if there still are a few mistakes to exist inside this, for instance the judge receives the bribery of party, the procuratorate can move send crime clew, undertake investigation. Besides afore-mentioned two big fields, civilian accuse the law still is in small the many respects such as proceeding, compulsive mediation put forward to modify an opinion. Shang Wei is built tell our newspaper the reporter, draft will be by this year October refer standing committee of countrywide National People's Congress to discuss, undertake 3 careful commonly, inside half an year or will pass.

Scholar: Chinese overseas investment still is national endowment dominant

Wang Shifeng 　 2010, china invests net specified amount directly external (discharge) for 68.81 billion dollar, be not finance among them kind had reached 60.18 billion dollar. But opposite at Japan, United States, and and other places of Hong Kong special zone, chinese company invests abroad and relevant government to serve a system to be not perfected. According to bureau of bureau of statistic of Department of Commerce, country, national exchange control the statistic of 3 ministries and commissions, 2010 China is not finance kind invest directly external in putting an amount, state-owned company is occupied 66.2% . Although this proportion dropped than 2009 3 percent, but China is abroad the situation that invests state-owned economy dominant was not changed at all. Inside this, central enterprise and unit blame finance invest 42.44 billion dollar directly external, 70.5% what take flow. Majority investment flow direction is business affairs service, finance, wholesale be carried with retail, mining, traffic and make 6 large trades. The China International trade that conducted on September 17 learns annual meeting to go up, when Pei Changhong of director of institute of economy of courtyard of Chinese company division analyses afore-mentioned cases, think, overseas investment of China is national policy on degree quite drive below invest external. The policy of overseas to the enterprise investment and investment service system still do not have China to be built completely, paradigmatic the system of overseas investment insurance that is China was not built all the time perfect, in this Libyan incident, because insurance policy is short of,break conserve hard the business is overseas the safety of investment. Governmental service system is short of break another paradigmatic be, china is current invest to basically be centered in the Asia directly external, especially Hong Kong special zone, and latin america, especially British the Virgin Islands, open the center of off shore banking such as graceful archipelago, but mature to the market economy such as North America, Europe country and area proportion are not high. If do not have local accountant, law, cast the guiding with the very good orgnaization such as travel, chinese enterprise hard take root place. In overseas investment company, many medium and small businesses bears hard the high cost that overseas investment serves, governmental need gives in this respect guide and give aid to. Pei Changhong thinks, chinese government needs to promote an enterprise to invest the macroscopical interest with achieving a nation external already, also want to use specific constituent dominant position to protect the microcosmic interest of the enterprise. China International commerce learns pluralistic vice-chairman to make capital proposal, alive bound each district builds service center of Chinese enterprise off shore, the name that serves platform with off shore provides office of attorney of draw together of one collar for a horse, accountant office, cast the system that waits inside all right to serve, form buffer zone, help China capital achieves international brand cooperation. "A large amount of resource such as iron ore of Chinese need safeguard, copper mine, oil and commissariat kind the home of commodity is supplied, but through ' go ' can you solve the safeguard problem of these resource directly? " Wang Zhile of director of institute of transnational corporation of new century of the researcher of academy of collaboration of economy of international trade of Department of Commerce that participates in afore-mentioned conferences, Beijing says, "Our country business is overseas recover petroleum in what acquiring share only be less than 10% carry back, abroad cultivated commissariat barely carry back, abroad iron ore also cannot is like wish carry back home " . Drive besides the government, look in Wang Zhile, chinese enterprise walks out of the oneself rule that goes must developing according to the enterprise, induct resource of integrated whole world, make global industry chain, promotion competition ability, grow to result from Chinese transnational corporation and even global company.

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