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Civil Consumer Public Welfare Lawsuit Main Body System Research

Posted on:2015-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2266330428982786Subject:Law
Abstract/Summary:PDF Full Text Request
With the economy developing, The violation of consumer rights and interests, especially the existence of industry monopoly, such as producers and sellers is severely harm the legitimate rights and interests of consumers. By setting up consumer lawsuit system, can effectively achieve the protection of consumer interests.In2013with the new practice of the civil procedure law and the consumer protection act of change, the country has formally established the consumer public welfare lawsuit system, and made clear disappear assist as the body of the consumer public welfare lawsuit the petitioner positioning. But the revised civil procedure law for civil consumer public interest litigation plaintiff only macro regulation that the authority of law and the related organization, but for what belongs to the legal provisions of departments and social organizations did not make the clear and detailed rules, which could lead to the judicial practice in the future exists in various places have different law enforcement standards and even law enforcement difficult situation. In view of this, I don’t to the continental law system and Anglo-American law system countries similar system, puts forward the problems existing in the consumer public welfare lawsuit system in our country and put forward the perfect, thought that the improvement of the system of the consumer public welfare lawsuit main body into the render a bit.The first part is an overview of the consumer public welfare lawsuit main body system, description of the concept of public interest litigation is the first and second describes the "public" and "private interest" and the difference between "national interest", finally explains the "client eligibility theory" and the characteristics of the consumer public welfare lawsuit main body.The second part is on the investigation to the consumer public welfare lawsuit main body system abroad, which introduces the Anglo-American law system and continental law system typical system of the country’s consumer public welfare lawsuit main body, and through the analysis to our country. The third part explains the problems existing in the consumer public welfare lawsuit main body system in China.The fourth part is the core part of this article, explains to the improvement of the consumer public welfare lawsuit system in our country, respectively introduces our country’s procuratorate, the administrative organ, the feasibility of consumer groups and individuals as Subject system.
Keywords/Search Tags:Consumers, public interest litigation, public interest, theplaintiff, Subject system
PDF Full Text Request
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