Research On Legislation Perfection Of The Subjects Of Prosecution In Consumption Civil Public Interest Litigation

In recent years,the structural reform of China’s economic growth mode has been going on vigorously.The reports of the 18 th CPC National Congress indicate that we need to improve the relevant institutional mechanisms and promote consumption so as to achieve consumption and drive the development of the national economy.Consumption plays a more prominent role in promoting the "three carriages" of economic development.Stimulating the consumption potential of residents has become an important way to promote the transformation of economic development.A sound consumer rights protection mechanism is very important.The Central Committee of the Communist Party of China and the State Council also put forward the idea of perfecting the public interest litigation system,and at the same time,More specifically,it is pointed out that the scope of the public interest litigation subject can be appropriately expanded.Moreover,the Guiding Opinions also emphasize the need to adapt to the development of the Internet era and increase the judicial protection of the network consumption rights.Under the background of the Internet era,the consumption civil public interest litigation shows its vitality more than once.In view of this,the author hopes to explore the application potential of consumption public interest litigation through the research on several issues of the subjects of prosecution in consumption civil public interest litigation.Firstly,through studying the general theory of consumption civil public interest litigation,we can understand its concept and characteristics,summarize its types and explore its functions,and then concentrate on studying the most important laws and regulations related to the subjects of prosecution.This paper summarizes some supporting rules closely related to the subjects of prosecution and discusses them.Considering the current situation of legislation and judicature in China and taking into account the development factors of the Internet in the new situation,it summarizes the current aspects that the subjects of prosecution cannot adapt to the needs of the times.With the development of the Internet,we examine some similar laws and regulations outside the country.We draw nutrition from other countries’ systems and apply them to the study of the subjects of prosecution in consumption civil public interest litigation: one is the question of the plaintiff’s qualification,namely,which subjects have the right to sue,and the other is the question of the supporting rules to sue.That is to say,how to prosecute? Another is how to foster strengths and circumvent weaknesses in the process of applying this system,that is,how to motivate qualified subjects and how to restrain the busybody.On this basis,the author puts forward some viewpoints on perfecting the rules of subjects of prosecution in consumption civil public interest litigation.