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On The Prosecution Of Consumers’ Public Interest Lawsuit Brought By Our People’s Protectorates

Posted on:2015-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:B B HuangFull Text:PDF
GTID:2296330434453062Subject:Science of Law
Abstract/Summary:PDF Full Text Request
:According to our latest "Civil Procedure Law" and "Consumer Protection Law", the initial establishment of the consumer public interest lawsuit. In view of our consumer protection grim situation, the law only requires that the provincial Consumers Association has sued the qualification before the consumer public interest lawsuit, without the requirement for the prosecution not to prosecute the main approach is inappropriate. The prosecution is due to our constitutional organs for legal supervision, perform prosecutorial functions, consumer interest lawsuit filed by its legitimacy not only theoretically, but also on the experience and needs practice, foreign prosecutors in public interest lawsuit filed consumer has made good effect. All these indicate that the prosecution brought by consumers of public interest lawsuit is appropriate in urgent need clear legislative requirements. Firstly, the consumer public interest lawsuit related concepts, meaning outlined, and then in the two legal systems, the study of the United States, Brazil, Portugal, the three prosecutors filed public interest lawsuit useful consumer experience, particularly in Brazil and China similar conditions, prosecutorial functions similar to the Brazilian model on our experience very reference. Then expounded China’s prosecution of the legitimacy of public interest lawsuit filed consumers, and finally from lawsuit status, jurisdiction, scope, approach the prosecution request type, proof obligations in the distribution, and the consequences of lawsuit and other lawsuit costs borne Construction of prosecutors to specific consumer public interest lawsuit procedure made some recommendations. I hope through this study, able to improve our public interest lawsuit benefit consumers.
Keywords/Search Tags:The procurators, public interest lawsuit, consumers rights, The Brazilian model
PDF Full Text Request
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