A Study On The Subject Of Public Prosecution

Public Interest Litigation has been our central issue, we constantly probe in boththeoretical research and judicial practice. Considering the new Civil Procedure Law,Public interest litigation finally gets the legal status in our country. But the academicand the judiciary debate on specific issues such as the subject of prosecution. Sincethe revised Consumer Protection Law and the Civil Procedure Law are in seamlessconnection, Consumer Public Interest Litigation in our country has the feasibility andsystem security. Through the analysis of China Consumer Public Interest Litigation,this article has comparison among the prosecution subjects of Public InterestLitigation to enlighten the legislation and practice of Public Interest Litigation inChina.The thesis includes three parts: introduction, body and conclusion. The body isdivided into six chapters:In Part One, it focuses on overview of the Consumer Public Interest Litigation. Itintroduces the concept and the origin of the Public Interest Litigation, and thesituation of Public Interest Litigation in other countries. Despite the definition ofconsumer and Consumer Public Interest Litigation, it consists of the highlights ofConsumer Public Interest Litigation. Compared with the traditional civil litigation, itis a new kind of litigation on object of the public interest.In Part Two, it focuses on overview of China Consumer Public Interest Litigation.Firstly it discusses the jurisprudential basis of Consumer Public Interest Litigation,including the legal attribute of consumer sovereignty theory, law concept of fairnessand efficiency, and the law basis in the existing legal system. Secondly it analyzes thecurrent situation and problems of China Consumer Public Interest Litigation, on onehand, it is the current situation of protection in consumer rights, such as lessprotection acts of consumer rights, information monopoly; on the other hand, it is thestatus of Consumer Public Interest Litigation, the example of Qiu’s public interestlitigation process reflects that the public interest litigation has been hard in China.In Part Three, it is the analysis of prosecution subjects of Consumer Public InterestLitigation: Prosecutor as suitor". It introduces the basis of Prosecutor as suitor,including the historical reason, theoretical foundation and legal basis. And through thecase of Shijiazhuang Prosecutor suit Sanlu Milk Powder, it analyzes the advantagesand disadvantages of Prosecutor.In Part Four, it is the analysis of prosecution subjects of Consumer Public Interest Litigation: Consumers Association as suitor". It introduces the basis of consumersassociation as suitor, including the legal basis, reality reason, and overseas experience.And through the case that Consumers Association suit forced consumption ofdisposable chopsticks, it analyzes the advantages and disadvantages of consumersassociation.In Part Five, it is the analysis of prosecution subjects of Consumer Public InterestLitigation: citizen as suitor". It introduces the basis of citizen as suitor, including thelegal basis, theoretical interest requirement and overseas experience. And through thecase of Chuang Lei suits, it analyzes the advantages and disadvantages of citizen.In Part Six, it focuses on diversification: Consumer Public Interest Litigation suitor‘s establishment rules. According to the previous analysis that each suitor is allowed,it discusses their respective scope of prosecution and their litigation sequence.