The Perfection Of The Plaintiff Qualification In Consumer Civil Public Interest

Along with the rapid development of social economy,the number and type of various commodities have increased substantially,and the resulting infringement of individual consumers and even damage to the public has become more and more common,and infringement in the consumer field is a common occurrence.According to the current law,consumer associations and procuratorial organs at the provincial level or above have the right to file lawsuits in consumer public interest litigation.However,in view of the current situation,the traditional civil public interest litigation is still far from being able to protect the public interest.The main reason is that the existing regulations are still too harsh for the plaintiff,allowing only the provincial consumer associations and procuratorial organs to file consumer public interest lawsuits,but the consumer associations are not very active in filing consumer public interest lawsuits,and the procuratorial offices file consumer public interest lawsuits far less frequently than other types of public interest lawsuits,resulting in consumer public interest lawsuits not being put into practice and not being able to timely and effectively To protect the public rights and interests of consumers.In order to make China’s consumer civil public interest litigation play its proper function,the scope of the plaintiff should be broadened and the relevant system should be improved.In this regard,we can refer to overseas practices and improve the scope of consumer public interest litigation from three perspectives: "relevant organizations","organs prescribed by law" and "individual citizens".The scope of plaintiffs in consumer public interest litigation can be improved.In particular,the scope of "relevant organizations" in consumer public interest litigation should be expanded to include prefecture-level consumer associations and qualified social organizations,and the scope of "organs provided for by law" should be expanded to include administrative organs,and individual citizens should be included as plaintiffs in consumer public interest litigation.The scope of the plaintiff in consumer public interest litigation will be expanded to include administrative agencies and citizens.In order to ensure that the plaintiffs are able to give full play to their own advantages,we propose a system design for the expansion of the scope of plaintiffs in consumer public interest litigation,such as abusive litigation and the inability to afford litigation costs.