On The Subject System Of Consumers' Public Interest Litigation Plaintiff In China

The emergence of the consumer public interest litigation system is the inevitable result of the development market-oriented economy. Because of the progressive economy, it causes the expansion of the consumption network and chain industry which give rise to the growing numbers of the consumers fall victim to illegal management behaviors. But these consumers usually live scattered and they are too weak to compete with the large enterprises and businesses. Therefore, in order to change the bad result caused by the unequal litigation status of consumption,the plaintiff subject regime in the consumer public interest litigation system emerges as the times require.In the whole world, given the different of the legal tradition, history and culture as well as the social development process and so on, there is a big difference in the scope of plaintiff, not only between common law system and civil law system, but also in different countries which have the same law system. In our country, this regime had practiced many times not only in legislative regime but also in judicial practice, but it is worth pointing out that many problems still exist in the existing legislation, one of the most important problems is the scope of the people who can file a law suit can not meet the object demand of changing the bad state in the consumption field. So expanding the scope is the best choice of the reform of current relevant field.Combined with the conditions of our country, the procuratorial organ as legal supervision organ of China, its special status determine consumer public interest litigation can be the plaintiff main body; by contrast, the administrative organ is not suited to be the main subject of the plaintiff in the consumer public interest litigation for it has inherent connection with large enterprises; Although social groups can help the aggrieved consumers who are lack of ability to sue, but not any social organization can enjoy this qualification. I think, public interest lawyer groups are also main subjects that have this right beside consumers’ associations. Finally, on the basis of legal theory and the reality of the social development in our country, the aggrieved individual should also enjoy the qualification. In addition, correctly handling the pluralism lawsuit main subject’s action sequence as well as perfecting the evidence collection, the responsibility for legal costs and the calculation and implementation of damages is necessary and important measure to properly handle the public rights in consumption field and protect them timely.