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On The Plaintiff 's Qualification Of Consumer Public Interest Litigation In China

Posted on:2016-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:C X DuFull Text:PDF
GTID:2206330470481227Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Consumers need to seek the power to improve the weak position, safeguarding the legitimate rights and interests of their own. The power of the individual consumer is weak, a public interest litigation system in the field of consumers’rights protection is particularly important. In this context, the discussion of consumption public interest litigation plaintiff qualification is very necessary.The judgments of public interest are the key to the judgments of public interest litigation. Public goods are consistent with the public interest. The interest of Public goods is the public interest but not all of them. In the context of "consumption public interest litigation", the definition of "public interest" can be divided into "pure public interest" and "quasi public interest". The interest of the public goods is "pure public interest". Private interests are artificial recognition for public interest. On this basis, then the consumption public interest litigation will be divided into "pure consumption public interest litigation" and "quasi consumption public interest litigation".Consumers’ association, procurator organs, other social organization and consumers can file consumption public interest litigation. In view of the administrative departments has related functions and powers, there is no need to give it the consumer public welfare lawsuit prosecution qualifications. At the same time, the lawsuit qualification of consumers’ association should extend to the prefecture level. There are two forms of consumer public interest litigation, including group and individual cases.All of them can file pure consumption public interest litigation. The main content of the request include the promotion of laws, regulations and policies, request the relevant departments to take measures and stop the infringement. The mission is to protect the consumer interests and promote social progress. It is necessary to the analysis of the quasi consumption public interest litigation. If for the sake of social justice, it is similar to pure consumer public interest litigation. All of them can file litigation, but the request is limited to the promotion of laws, regulations and policies, request the relevant the departments to take measures and stop the infringement. If the request involves the compensation, the plaintiff is limited to a specific event related personnel.
Keywords/Search Tags:the public interest, the consumer public interest litigation, the plaintiff qualification
PDF Full Text Request
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