起訴資格 的英文怎麼說

中文拼音 []
起訴資格 英文
standing to sue
  • : 起Ⅰ動詞1 (站起; 坐起) rise; get up; stand up 2 (取出; 取走) draw out; remove; extract; pull 3...
  • : 動詞1. (說給人) tell; relate; inform 2. (傾吐) complain; accuse 3. (控告) appeal to; resort to
  • : Ⅰ名詞1 (錢財; 費用) money; wealth; expenses 2 (資質) intelligence; endowment 3 (資格) quali...
  • : 格象聲詞rattle; gurgle
  • 起訴 : [法律] sue; prosecute; charge; bring a suit against sb ; bring an action against sb ; file a laws...
  • 資格 : 1 (從事某種活動所必備的條件) qualification 2 (從事某種活動所形成的身份) seniority:擺老資格 fl...
  1. Firstly, some basic concepts are not clear, such as what is the status of the company under liquidation, how to define the action of the industrial - commercial authority ' s invalidation of the license of the company, whether or not the share holders can sue to disincorporate the company, is it legal to dissolve a company without liquidation, what is special liquidation, under what situation will a company be obliged to disincorporate, who will be responsible for liquidation after the dis incorporation, etc. secondly, some primary legislative principles about disincorporation and liquidation that are adopted in foreign countries are not established in china, such as a company must be liquidated before disincorporation except for acquisition, the company remains valid during the liquidation until it finishes the invalidation registration, an ordinary liquidation must be replaced by a special liquidation under the instruction of the court when there is an impediment or a fraud, the company should apply to the court for bankruptcy when it is found that its debt is over its asset during the liquidation, the number of people execute liquidation can be several or just one, companies applied for annulment shall be judged by the court and must be liquidated, etc. thirdly, china does n ' t have some of the fundamental rules that are specified in the laws of foreign countries, such as the rule of disincorporation registration, the rule that the company should sue to let the court judge for disincorporation if there is a deadlock between share holders, the rule of credit trade - off in special liquidation, the rule that people who execute the liquidation are jointly responsible for compensating the loss of the third party caused by their activities that are illegal or vicious, the rule of special liquidation, the rule of the representation of the people who execute the liquidation, the rule of the court supervising the liquidation in an inactive way, the rule of how long the accounts and documents should be kept after disincorporation, etc. because of the lack in research and legislation, the system for companies leaving the market is highly disorganized, which harmed the interest of the creditors and relevant people, increased the risk of market exchange, damaged the order of the market economy and the ethic of doing business, wasted the resources of the society, and impaired the authority and seriousness of the law

    再次,國外立法上的一些基本制度我國沒有,如解散登記制度,股東出現僵局請法院判決解散制度,特別清算中的債權協定製度,清算人因違法或惡意對第三人承擔連帶賠償責任制度,司法特別清算制度,清算人的代表性制度,法院消極監督清算制度,帳薄及文件在公司解散后保存法定期限制度等。由於理論研究和立法的不足,造成了我國公司法人退出市場機制的嚴重混亂,損害了債權人和利害關系人的利益,增加了市場主體交易不安全感,破壞了市場經濟秩序和商業道德,浪費了社會源,削弱了法律的權威性和嚴肅性。文章認為,完善我國公司解散和清算制度,應借鑒和引進發達國家的法學理論和法律制度,統一我國有關解散和清算立法,在基本概念、基本原則、基本制度、基本程序諸方面進行統一規范,填補立法空白,創設法院解散公司制度,廢除行政特別清算制度代之以司法特別清算制度,健全和嚴違反清算規定的法律責任制度(包括民事責任,刑事責任,行政責任,改變現行行政處罰范圍偏廣,民事賠償范圍偏窄,刑事追究空白太多的不協調狀況) ,從而構築科學的公司解散和清算制度,使之符合我國經濟生活的客觀需求,符合市場經濟發展的基本方向,並與國外立法通例趨同。
  2. Thirdly, the author makes it clear that " civil public interest litigation " will be established in two ways : suit by prosecutor and by individual, and analyses them in general. last but not the lest, the article tries to give some analysis of concrete aspects in " civil public interest litigation ", which is divided in fore parts : the fundamental way to build it, the clarity of cases permitted to such litigation, the pre - trial procedures and rational rules on legal costs

    首先明確民事公益訟的原告問題,認為包括檢察機關和個人;其次探討民事公益權的問題,從檢察機關和個人兩方面討論了這種權利的理論差茹出;再次從宏觀角度論述了民事公益訟的兩種外在形式:公與私並存的機制,並且簡要分析了各自的相應內容;最後從四個方面探討了民事公益訟的幾個具體程序問題。
  3. The obstacle that citizen initiate public prosecution is less and less, it is trend of the development of all countries litigation system that plaintiff indictment qualifications will loosen continuously

    公民提訟的障礙是越來越少,原告起訴資格不斷放寬是各國訟制度發展的趨勢。
  4. In the end, the dissertation analyses our country ' s substantive law provisions and its existing problems related to injunction from environmental pollution tort liability % special liability contents of infringement to real right, personality right and other environmental right and interest ; then analyses our country ' s procedural law provisions and its existing problems related to injunction from standing to sue, advance execution and ways to remedy. on the base of above, the dissertation puts forward corresponding countermeasures

    最後,本文從環境污染侵權排除責任,環境污染侵害物權、人權和其他環境權益之排除責任等幾個方面分析了我國環境污染侵害排除民事責任的實體法規定及存在的問題;然後從起訴資格、先予執行和救濟途徑等三個方面分析了我國環境污染侵害排除民事責任的程序法規定及存在的問題,並在上述分析的基礎上提出了相應的對策。
  5. In order to perfect the environmental administrative lawsuit system, we should change administrative main body theory, reform the leading system of environmental administrative department ; relax restrictions on suit qualification ; enlarge the case scope ; and establish regular system of double proof and responsibility share

    完善現行的環境行政訟制度,關鍵是要改變現在有行政主體,改革環境行政主管部門的領導體制;適當放寬起訴資格;擴大受案范圍;確立雙重的舉證責任分擔規則制度。
  6. The author suggests to construct the procedure of discharging the judgment by the third party not involved in the original trial in our country, and endow the person with the rights and qualification to start review

    筆者主張建構我國的案外第三人撤銷訟程序,賦予案外第三人提再審的與權利。
  7. Legal entity a person or a company, which is legally allowed to enter into a contract and can be sued if the contractual obligations are not met

    企業法人法律允許的具有締結合約,若有違約將被的個人或公司。
  8. An employer member in violation to the agreement stipulated above not only has have to give up the right to take any legal actions against esl99. com, but also will be deprived by esl99. com of his or her membership and rights, cancelled the job advertisements without any refunds. he or she should pay esl99. com for a punitive compensation of 100 times of the posting fees of sixty - days job advertisement. if the losses, damages, and costs accrued are evidenced by esl99. com, he or she should assume the full responsibility of compensation

    五僱主會員張貼求才廣告或使用帳號和密碼查詢相關料,如發現違反上述約定,除放棄先抗辯權並負刑事責任外, esl99 . com將取消會員和權利停登求才廣告且不退費,並負擔esl99所訂六十天所需張貼費用之壹百倍賠償違約罰金,如另造成esl99 . com的其他損害,並應負損害賠償責任。
  9. And china ' s social and economic practice makes the requirements for sras, thus the joint efforts form legislation body and in kind can make the system work well in china as soon as possible

    雖然當公司怠tww公司機關成屏責任及u時,具備法定的股東為了公司虹壞喘而膿掘田描郭產菲們公司提松的權
  10. The problem of litigant parties is that who has the legal authority to bring an action in court and who ought to be sued. in tortious compensation suits of securities fraud, only those investors who deal with the securities and suffer losses with goodwill can be plaintiff, and defendant is the liable subject

    訟主體所要解決的問題是誰有權提訟以及有權向誰提訟,證券欺詐侵權賠償訟的原告須是實際買賣有關證券且遭受損失的善意投者,被告即有關責任主體。
  11. Chapter is the analysis of principles of shareholder derivative suit. this chapter first introduces concept and origin of derivative suit. shareholder derivative suit refers to that raised by shareholders with legal qualifications in corporate name in order to protect corporate interests when illegal acts of controlling shareholders, directors and other employees of high ranks infringes corporate interests but the company is neglectful of looking

    股東派生訟制度在其提訟程序中對原告、被告及訟適用范圍、訟過程中公司和其他股東訟地位的確立,都應作特殊的規定,為實現設立股東派生訟制度的初衷,既要防止股東派生訟的濫用,又要對股東派生訟加以激勵。
  12. Judgement in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the united states : but the party convicted shall nevertheless be liable and subject to indictment, trial, judgement and punishment, according to law

    彈劾案的判決,不得超出免職和剝奪擔任和享有合眾國屬下有榮譽有責任或有薪金的任何職務的。但被定罪的人,仍可依法審判判決和懲罰。
  13. To draft and examine legal documents concerning property development projects according to the requirements of clients ; to act as an agent or participate in the reporting and negotiations on the cooperation with related departments or cooperation partners in development projects ; to provide legal consulting service on the overall operation of real estate projects and assist in the investigation into the qualifications, credit rating and contract performance abilities of cooperation partners ; to manage and supervise projects relating to the performance of contracts on behalf of investors ; to provide lawyer ' s withess to housing and land contracts ; and to act as an agent for handling disputes and related law suits concerning housing and land property right trading

    根據客戶要求,草、審查房地產開發項目所需法律文件,代辦或參與項目開發中與有關部門或合作方的申報、洽談,就房地產項目整體運作提供法律咨詢,協助對合作方主體信及履約能力進行調查,代理投方進行與項目合同執行有關的項目管理監督,為各類房地產合同提供律師見證,代理參與房地產權交易糾紛的解決及有關訟。
  14. Any action under article3, first paragraph, item 4, which is based on the fact that a plant variety has been registered for a person other than the one who is entitled thereto may be brought only by the person who claims to be entitled to the variety

    任何根據第三條第一段第四項植物品種登記給不合之人而非合於者提訟得由該聲稱有者為之。
分享友人