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Research On Plaintiff Qualification In Consumer Public Interest Litigation In China

Posted on:2015-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
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In recent years, with the increasing pace of Reform and Opening-up in China and the rapidlydevelopment in economic and the increasing exchanges with foreign countries, the socialistmarket economy in China has been basically completed. It is not only greatly enrichment in oursocial life, but more and more groups violations events of consumers’ public interests occurred.Recently, more and more people concern about our consume food safety problems. From the earlyKFC and McDonald’s "magdala red" events and the SanLu milk powder incident in2008to therecent containing "industrial gelatin" yogurt events, food safety in China has triggered nationalconcerns. But the results which these events finally have got was not ideal. Even under the publicpressures, these events were solved through the administrative ways, without entering the field oflaw. All the signs suggest that the consumer public interest litigation system should be constructedin China.The Article fifty-fifth in the amendment of Civil Procedure Law of the People’s Republic ofChina in2012, which is about the public interest litigation. The law has represented a newmilepost construction of public interest litigation system in our country. It not only break thedefects of "zero regulations" in public interest litigation legislation in China, but also provided anew way to solve the group violation events problems in consumers’ public interests field. At thesame time, the Article forty-seventh of Consumer Protection Law of the People’s Republic ofChina has gave the plaintiff qualification to Chinese Consumer Association. It was still difficult tocompletely construct the consumer public interest litigation system in our country with only twolegislations. There are many issues need to be solved through the experience of judicial practice.In this paper, I discuss the main part of the subject in consumer public interest litigation inChina from the angle of the qualification of the plaintiff, combining with Article fifty-fifth. Andeach part in this paper is used to improve the system of consumer public interest litigation of ourcountry.Firstly, I introduce the basic theory of the plaintiff qualification as the background bytheoretical analysis, and demonstrate the plaintiff qualification on consumer public interestlitigation. Secondly,based on the analysis of legislative and judicial status in the consumer publicwelfare lawsuit system in our country, I focus on the existing problems of consumer public interest litigation in China. Then, based on the many overseas countries legislation and judicialexperiences in the consumer public interest litigation, some measures must be taken to improvethe construction of the consumer public interest litigation system in our country. Last but not theleast,based on the research on the advantages of status and problems in the future of varioussubjects in the consumer public interest litigation, I provide three main suitable plaintiffsconsumer, Chinese Consumer Association and the Chinese Procuratorate. In the end, I alsodiscuss some deficiencies in this paper.Learning method: first of all, this paper mainly adopt the literature analysis, studying andresearching the core contents of this paper documents, which I could understand the specificsituation of the development of China’s consumer public interest litigation.Secondly, this paperused empirical analysis method and case study method with the typical case to analysis theconsumer public interest lawsuit in our country. At the same time, this paper also used thecomparative analysis method to research and analysis the system in some foreign countries inorder to improve the reference and enlightenment to consumer public interest litigation plaintiffsystem in China.
Keywords/Search Tags:Consumer, Public Interest Litigation, Plaintiff Qualification
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