Plaintiff Qualification System Of Consumer Public Interest Litigation

In recent years,with the rapid development of China's economy,the great strides of reform and opening up,and international exchanges.Increasingly,Chinese socialist market economy has begun to take shape.It is not only the society of our country that comes with it.The material life is extremely rich,and there are more and more public events that infringe on the legitimate rights and interests of many consumers.They have occurred one after another,especially the consumer food safety issues that have attracted the attention of all sectors of society.Therefore,the establishment and improvement of the public interest litigation system has become the goal of judicial reform in the country under the rule of law.However,the traditional civil litigation system is mainly used to resolve civil disputes and personal remedies for private opinions,but the degree of containment and punishment for violations of public interests is insufficient.The civil procedure law should assume the function of social management more directly and effectively in public interest litigation,and it is urgent to construct a public interest litigation system that conforms to China's situation.Therefore,the exploration of new rights remedies and civil litigation mechanisms has become a major research topic.Article 55 of the Civil Procedure Law revised in 2012 has made provisions on the public interest litigation system.The promulgation of this law has set a new milestone for the development of China's public interest litigation system.It not only breaks the defects of the imperfect legislation of public interest litigation in China,but also provides a new solution to the above-mentioned food safety issues and other public incidents that infringe the legitimate rights and interests of many consumers.Public interest litigation refers to infringement of the public interest of the society,not the violation of individual interests.Among them,infringement of the legitimate rights and interests of many consumers" is only a formal standard for judging whether the public interest of the society is damaged.It does not mean that the number of consumers who receive the infringement is considered as a standard of consideration,but refers to the possibility that all consumers may be affected.Infringement.From the perspective of consumer public interest litigation,the nature of the plaintiffs subject matter is different.In the process of consumers filing a public interest litigation,the litigant also received strict restrictions,which is not conducive to the litigation of public interest litigation and the construction of a country ruled by law.The construction of a series of systems.Article 47 of the Consumer Protection Law,which was officially implemented in March 2014,clarified the plaintiff qualification of the Consumer Association,but limited it to"Chinese Consumers Association and established in provinces,autonomous regions and munrcipalities directly under the Central Government.Consumers Association,which greatly restricts the plaintiffs subject qualification in consumer public interest litigation,is a problem that is controversial and worthy of study.In the face of the current situation of infringement of many consumer rights,only relying on the China Consumers Association It is difficult to meet the needs of the mass consumer s public interest litigation rights with 34 provincial consumer associations.It can be seen that expanding the restrictions on the subject qualification of plaintiffs in consumer public interest litigation has become an urgent requirement in today's judicial practice.This paper will study the issue of the plaintiffs subject qualification system in this consumer public interest litigation through three parts:The first chapter outlines the plaintiff system of consumer public interest litigation,and clarifies the research significance of the plaintiff's subject qualification system in consumer public interest litigation.It describes the concept,legal basis,legal basis,practical basis,problems and perfection of the plaintiffs subject qualification in consumer public interest litigation..The second chapter analyzes the status quo and the predicament of the plaintiffs subject qualification system in China's consumer public interest litigation.It expounds the legislative defects of the plaintiffs subject qualification system in China from the aspects of strict restrictions on the plaintiff's subject qualification and the inaccuracy of the relevant plaintiff's subject qualification.And combined with judicial practice to clarify the practical difficulties faced by the plaintiff's subject qualification system in China's consumer public interest litigation.The third chapter focuses on the problems existing in the subjective qualification system of the plaintiff in the consumer public interest litigation in China.It draws on the experience of foreign legislation and puts forward suggestions for improvement based on China's national conditions and practice.From the four aspects of the lawsuit filed by the supervisory authority,the lawsuit filed by the administrative organ,the consumer group 30 years in advance,and the individual complaint filed by the consumer,it is recommended that multiple subjects can file a consumer public interest litigation as a suitable plaintiff and Suggestions on the order of prosecution and the scope of prosecution,so as to protect the public interest of consumers in all aspects and from multiple angles.