| China has entered an important stage of continuous growth of consumer demand,accelerated upgrading of consumption structure and significantly enhanced role of consumption in driving the economy.The construction of a consumption dispute resolution system meets the needs of current economic development.At the same time,it can alleviate the current tension of rampant consumption disputes.Consumer civil public interest litigation system was established to safeguard the public interests and unspecified consumers’ interests.The current legislation in China stipulate that the dual subjects that can file consumer civil public interest litigation are consumer association organizations at or above the provincial level and procuratorial organs,and it determines the ‘subject’ status of the consumer association organizations and the ‘subsubject’ status of the procuratorial organs by combining law and interpretation.However,consumption disputes are increasing year by year from the perspective of current consumption environment and consumption structure in China.What’s more,resolution rate of consumer complaints has not effectively improved by the consumption civil public interest litigation system has implemented.Few cases are filed by those dualistic subjects.It didn’t break the original shackles of consumer disputes against consumer rights and interests.Furthermore,it didn’t good play the advantages of the system and preset effect of legislation which said that ‘Safeguarding consumer public welfare and legitimate rights of unspecified consumers’.Last but not least,it failed achieved the expectations of legislation and consumers.Not only consumer civil public interest litigation system has less practice at present,but also has little relevant literature and works.Rare in-depth research works and research results is the biggest obstacle in the process of combing through works,academic papers,relevant laws and regulations,also writing.Opening up a new path or starting with a new perspective and putting forward the corresponding solution scheme to the existing problems of the system can yet be regarded as an innovative solution in this condition of research.Carefully,this kind of solution is to expand a new subject to build a suitable plaintiff pattern which make consumer association organizations at or above the provincial level,procuratorial organs and consumer these three subjects in the coexistence structure,in order to solve the dilemma of promoting the narrow scope of the plaintiffs and expanding the rare number of consumer civil public interest litigation cases.Committed to breaking the conceptual,institutional and technical barriers of the consumer civil public interest litigation system,the paper plans to flexibly use lessons from domestic and foreign laws and regulations and empirical legislative thinking for reference,discuss the suitability of consumers as the plaintiff subject of consumer civil public interest litigation by analyzing the empirical data for reference in the perspective of expanding consumers as the body of the prosecution.This paper is divided into three parts.Firstly,I will talk about the necessity and feasibility of expanding the consumer as the civil public interest litigation from the perspective of equating the rights of public interest litigation to consumers.Secondly,I will find out the dilemma which the consumers will face and give them proper solutions at the institutional level.And last,I will analyze other hot issues which affect mechanism improvement and puts forward perfect suggestions on these problems from the perspective of suitable plaintiff subject,that is,those special consumers formulated in the paper.In addition,I will dispersedly analyze the reasons for the slow development of consumer civil public interest litigation in order to improve the resolution rate of consumer disputes,accelerate the operation of consumer civil public interest litigation mechanism,and comprehensively safeguard consumer public welfare and the interests of unspecified consumers. |
