Study On The Plaintiff Qualification Of Civil Public Interest Iitigation In China

In recent years,there have been more and more incidents that damage the public welfare of consumers.However,China's current civil litigation system does not grant more subjects the plaintiff qualification of consumer civil public interest litigation.It is not only beneficial to the protection of consumer civil public welfare,but also conducive to the prosperity and long-term development of China's market economy to improve the subject qualification of the plaintiff in consumer civil public interest litigation.At present,China's consumer civil public interest litigation plaintiff qualification scope is too narrow,limited to procuratorial organs and consumer associations at or above the provincial level.In practice,consumer civil disputes are diversified.In order to properly handle the cases related to consumer civil public interest litigation,it is imperative to expand the scope of plaintiff in consumer civil public interest litigation.In 2012,the revised "civil procedural law" article 55 added "public interest litigation" means to protect the consumer in civil public interest,as the social public by operators of unfair business practices,can be defined by law authorities and relevant organizations filed a lawsuit,but what is meant by "law authorities and relevant organizations" is not clear.According to the 2016 the supreme people's court on several issues concerning application of the law to the consumption of civil public interest litigation the interpretation of the first paragraph of article 1 of the regulations,"organization law" into Chinese consumer society and in the provinces,autonomous regions and municipalities directly under the central government set up the consumer society;According to the revised 2017 "civil procedural law" the provisions of the second paragraph of article 55 of the aforementioned consumer association at or above the provincial level or when there is no consumer society without a lawsuit at or above the provincial level,the procuratorial organs can lodge a lawsuit to the court;According to 2018 on the implementation of the supreme people's court,the supreme people's procuratorate about procuratorial public interest litigation cases to explain some issues of applicable law the provisions of article 5 shall have the right to file consumption procuratorial organ in the civil public interest litigation of the city level(points),state procuratorial organ.These legal and judicial interpretations are of great guiding significance to the settlement of the qualification of plaintiff in consumer civil public interest litigation.However,these are only some guidelines in principle,which need to be constantly improved.By analyzing the current consumption situation of the implementation of the civil public interest litigation plaintiff qualification,discovered the prosecution main body at the legislative level the following deficiencies: one is the main body of the civil public interest litigation can be filed consumption scope toonarrow and show the operation on the uncertainty;Second,the people's procuratorates have insufficient legislative capacity to initiate civil public interest litigation in the consumer sector.Third,China denies that individual citizens can bring such lawsuits.Fourth,the main body of consumer organizations is imperfect and the threshold is high.Thesis mainly divided into four parts,the first part is an overview of civil public interest litigation plaintiff qualification on consumption,consumption is mainly introduced the basic concept of civil public interest litigation plaintiff qualification,characteristics,and introduced the parties fitness lattice theory,theory of litigation trust and the litigant advantage theory of the new development for the expansion of the scope of the subject of litigation,to expand the plaintiff qualification of right to Sue to have no direct link with the case of the main body,better for the expansion of the consumption of civil public interest litigation plaintiff qualification provides the theory persuasive;The second part is about the investigation and introduction of the qualification of the plaintiff in the civil public interest lawsuit of consumption outside the region and the comparison with the relevant regulations of China.Consumption in some countries,outside the civil public interest litigation plaintiff qualification generally focused on individual consumers,consumer groups,the procuratorial organs and administrative organs,the consumption of our country civil public interest litigation plaintiff qualification improvement of the reference;The third part mainly introduces the legislation and judicial status of China's consumer civil public interest litigation plaintiff qualification.The fourth part puts forward some Suggestions on improving the plaintiff qualification of China's consumer public interest litigation.At present,China's consumer associations at or above the provincial level are entitled to the main body qualification of the plaintiff in the civil public interest litigation of consumption,and other consumer groups are not included.In order to better play to the role of the consumption of the civil public interest litigation,to adapt to the needs of the development of the era should be gradually passed legislation to give individual citizens conditional enjoys spending civil public interest litigation plaintiff's subject qualification,relax the limitation on the consumer society subject qualification,cancel the procuratorial organs filed consume the prepositional procedure of civil public interest litigation;In order to ensure the smooth exercise of all kinds of plaintiff's right of action in consumer civil public interest litigation,the relevant conditions for each kind of subject to enjoy the qualification of plaintiff are set respectively.To sum up,although at present,China's consumption of the existing civil public interest litigation plaintiff's subject qualification is not perfect,but the legal system in our country is still in sound and justice are also gradually improve,in the process of legal construction in the future,consumption of the civil public interest litigation plaintiff's subject qualification problem will be further perfect.