A Study On The Qualification Of Plaintiffs In Consumer Civil Public Interest Litigation

In recent years, with the rapidly development of the social economy in China, all walks of life have been got rapidly progress. The pursuit of economic interests makes more and more proprietors gradually deviate from the orbit of the development, and there are more and more events that violate the rights of consumers. Many domestic consumers even have lost trust in the domestic food, especially recent years, the problems of domestic milk powder products have made many consumers only want to buy foreign products. However, these events were solved through the administrative ways, for example revoke the business license, but without entering judicial procedure.The reasons are the public interest litigation system has not been established and the other litigation system cannot settle the events efficiently.The Civil Procedure Law of the People’s Republic of China in 2012 has established the public interest litigation system in our country. At the same time, the Consumer Protection Law of the People’s Republic of China has given the plaintiff qualification to Consumer Association of China and the provincial consumer association. However, our law has excluded the individual citizen from the plaintiff qualification of consumer civil public litigation, and it has not been specified what the authorityregulated by law are. Since the public litigation system has been established, the judicial practice of the consumption civil publicinterest litigation has exposed many problems.Therefore, this paper bases on the consumption civil public interest litigation plaintiff qualification and connects with the regulation and the experience of the foreign countries on the consumption civil public litigation. After the analysis of the problems of the plaintiff qualification of the consumption civil public interest litigation, this paper has come up with a few improving suggestions. This paper is divided into four chapters:Chapter one is the theoretical analysis of the plaintiff qualification of the consumption civil public interest litigation. In this chapter, itmainly analyzes the connotation and the theoretical basis. Chapter two is the problem analysis of the plaintiff qualification of the consumption civil public interest litigation. In this chapter, it mainly come up with the existing problems of the plaintiff qualification of the consumption civil public interest litigation by analyze the regulation and the case. Chapter three is the comparative study on the foreign plaintiff qualification of the consumption civil public interest litigation. In this chapter, it mainly wishes to find the experience of foreign countries to for our reference. Chapter four is the improving suggestions of the plaintiff qualification of the consumption civil public interest litigation of China. In this chapter, it mainly comes up with improving suggestions on the basis of the former chapters.This paper mainly adopts the literature analysismethod, comparative analysis method and case study method and so on in order to enlightenment to the plaintiff qualification of the consumption civil public interest litigation of China.