Research On The Subject Qualification Of Plaintiff In Food Safety Public Interest Litigation In China

Since the founding of New China, especially since the reform and opening up, China’s economic development level reached the highest level in history. The deepening of economic reform and political reform has been steadily advancing and constantly improves the socialist market economy. However, because of our country has long insisted the extensive economic growth mode, resulting in a series of restricting China’s economic rapidly and healthy development issues, particularly in the area of food safety more prominent performance. Firstly, food safety laws and regulations imperfect, plus government supervision efforts are not in place, resulting in food safety issues abound, to the legitimate interests of consumers against causing serious impact on social harmony and stability. It is in this context of society, food safety public interest litigation system is gradually being put on the agenda. Today, food safety has become a social problem the majority of the public are most concerned about, should the food safety tort occurs, the public will be how best to carry out their right to relief has become an urgent need to address the areas of civil litigation issues. The revised Article 55 of the Civil Procedure Act makes provision for public interest litigation, the purpose is to protect the public interest litigation in the public interest community, so any body should have the right to harm national, social and non-specific public interest malpractice lawsuit to pursue its legal responsibilities. The new Civil Procedure the plaintiff public interest litigation is limited to law authorities and relevant social organization, which is actually limited the scope of the subject of public interest litigation filed, so for imperfections in the existing law, combined with the nature of the connotation of public interest litigation, the filed public interest litigation in the body extended to individual citizens, social organizations concerned, lawyers and prosecutors is necessary and practical significance.Articles on the theory of China’s current food safety public interest litigation plaintiff main qualification for analysis, and then point out the existence of the relevant legislation in the field defects, and then examine the relevant systems abroad through its Significance. Finally, to improve our food safety public interest litigation plaintiff body proposal qualifications.The first part is the food safety public interest litigation plaintiff qualification of theoretical analysis. In this section, is to study the nature of the food safety of public interest litigation, and the associated range includes theoretical basis. The second part is the status of food security interest litigation plaintiff main qualification analysis. This part is the status quo and the status of implementation of the legislation on food safety in our country the main public interest litigation plaintiff qualification analysis. The third part is the main food safety public interest litigation plaintiff qualification related systems outside study and inspiration. Through the study of foreign-related system, can provide reference for the improvement of food safety public interest litigation. The fourth part is to improve our food safety public interest litigation plaintiff qualification of the proposal. In this section, the main prosecution presented relevant social organizations, lawyers and private citizens such as food safety body should become public interest litigation plaintiff eligibility.