Study On The System Of Civil Public Interest Litigation Initiate By Social Organizations

Chinese exploration of public interest litigation began in the 1980s,and was formally established in 2012.The consumer civil public interest litigation system plays an important role in protecting consumer rights and safeguarding the public interests.Improving the development of consumer civil public interest litigation system is an important content of building a country ruled by law.The Fourth Plenary Session of the 19th Central Committee of the Communist Party of China made relevant requirements for improving the system of consumer civil public interest litigation,which provided new opportunities for the development of the system.An in-depth study of this system will help enrich the theoretical system of public interest litigation and promote the exploration of consumer civil public interest litigation in judicial practice.Safeguard the rights and interests of consumers.In addition to the introduction and conclusion,the text is mainly composed of the following four parts.The first part,starting from the basic theory of the system of civil public interest litigation brought by social organizations,defines the connotation of social organizations in consumer civil public interest litigation and demonstrates three values of social organizations in consumer civil public interest litigation: to make up for the deficiencies of administrative law enforcement in the field of consumption;Improve judicial efficiency and save judicial resources;We will effectively protect the legitimate rights and interests of consumers.The second part mainly analyzes the legislative and judicial status quo of civil public interest litigation filed by social organizations.The legislative status includes the provisions on the plaintiff qualification and punitive compensation in the current law.The consumer civil public interest litigation cases filed by consumer associations between 2012 and 2022 are selected for legal analysis.The third part is the difficulties existing in the process of social organizations bringing consumer civil public interest litigation.These difficulties are mainly reflected in the following four aspects: First,social organizations are limited by the qualification of the prosecution subject,and consumer association organizations and other social organizations below the provincial level have no right to Sue in consumer civil public interest litigation;Secondly,the consumption civil public interest litigation lacks effective incentive,the litigation cost burden rule should be optimized,and the distribution of the litigation interest is unreasonable;Third,whether social organizations can obtain punitive damages is controversial,mainly manifested as unclear legal basis for the claim of punitive damages,punitive damages calculation standards are not uniform;Fourth,the relationship between social organizations and procuratorial organs in consumer civil public interest litigation is unclear,which is mainly manifested as the inaccurate function positioning of procuratorial organs and the weak ability of social organizations to bring consumer civil public interest litigation.The fourth part is to improve the social organizations to bring consumption civil public interest litigation system suggestions.First,expand the scope of social organizations in consumer civil public interest litigation,including granting plaintiff qualifications to municipal consumer association organizations and other social organizations.The second is to establish an incentive mechanism for social organizations to file consumer civil public interest litigation,optimize the litigation cost burden rules,and rationally distribute the winning interests.The third is to clarify the relevant rules for social organizations to claim punitive damages,including granting social organizations the right to claim punitive damages and unifying the calculation standard of punitive damages.Fourth,straighten out the relationship between social organizations and procuratorial organs in consumer civil public interest litigation,clarify the functional positioning of procuratorial organs in consumer civil public interest litigation,and at the same time,social organizations should also improve their ability to bring consumer civil public interest litigation.