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A Study Of Consumer Public Interest Litigation Plaintiff Qualification In China

Posted on:2016-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
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Consumer problem has always been an important issue in the contemporary economic system, because consumers occupy a dominant position in the production and reproduction of the whole process of social relations, and to maintain the survival and development of the whole industry chain, but because of the information asymmetry, the collective for serious dynamic dilemma, plaintiff qualification system is not perfect, high litigation costs, the allocation of the burden of proof is not reasonable, consumers want to safeguard their own interests and rights remedy damage becomes difficult. With the increase of the degree of information asymmetry bring science and technology progress and social development, consumers vulnerable position has not changed, on the contrary, their rights are more vulnerable to damage, and the damage is more difficult to obtain relief right. If the lack of a good consumer protection system and the right relief channel, not only will cause damage to the interests of individual consumers, will also affect the good operation of the whole economy, detract from the welfare of the whole society. So, overall, the protection of consumer rights and interests is not only related to the economic benefit, also has the extremely important social benefits.In 2012 revised "Civil Procedure Law", fifty-fifth had designated the public welfare lawsuit basic scope, will be limited for environmental public interest litigation and the consumer public interest litigation, and the "law of the organs and organizations" as a subject of litigation, plaintiff qualification restrictions on. The law was introduced in China to create the legislation system of public interest litigation precedent. It not only breaks the Chinese public welfare lawsuit legislation imperfect predicament, but also provides a new path to solve the public events against the legitimate rights and interests of many consumers. In March 15, 2014 the formal implementation of the "consumer protection law" also further refinement to the consumer public interest litigation plaintiff qualification regulations, of which forty-seventh clearly gives the consumer association to proper plaintiff qualification, provides a new path to the vast number of consumers rights. But only by virtue of the general rules of the law of the two law is far difficult to meet the realistic demand of practice, an urgent need for the design of the legal system to further expand and improve relevant systems to the consumer public interest litigation plaintiff subject scope. This article will focus on the consumer public welfare lawsuit prosecution subject to discuss, the author puts forward some ideas on how to construct a reasonable consumer public interest litigation plaintiff system of main body and the main body of a lawsuit procedure design.The author according to conventional methods of the article set into three parts, namely, introduction, body and conclusion. The text is divided into five parts to respectively discusses. This paper takes the civil public interest litigation perspective, and further explore the consumer public welfare lawsuit filed the appropriate subject, the revised "Civil Procedure Law" to the "the law authority and organization" and the relevant law does not explicitly mention citizens as filed public interest litigation subject of analysis.This paper consists of five parts, the first part of the basic theory related to the consumer public welfare lawsuit has combed. For public interest litigation concept, history, value, legal basis, legislative basis and the current consumer public interest litigation on the plight of the brief analysis.The second part, the author gives the debate about the procuratorial organ to bring the plaintiff qualification of the consumer public interest litigation is concluded, further understanding of France, Brazil and other foreign countries on this issue, the legislative and judicial experience, based on the analysis of the feasibility by procuratorial organs as the consumer public interest litigation subject and specific measures to improve the idea.The third part, the author first listed two different views of domestic academic circles about whether the agency can bring the consumer public welfare lawsuit, through comparative study between China and Australia beauty, to the administrative organ for the plaintiffs of the main consumer public interest litigation pattern, the feasibility of our country to the administrative organ with the proper subject are discussed and the theory of practice analysis, and based on the plaintiff’s qualification of administrative authority limit and puts forward some ideas of perfecting.The fourth part the author to the consumer public welfare lawsuit has been legislative recognition of the plaintiff s subject - the consumer association analysis, first to the German consumer group litigation legislative and judicial practice experience of learning, then use to the Consumer Association for the plaintiff’s case to the analysis of the current consumer association filed public interest litigation obstacles and legislative loopholes to reaffirm the Consumer Association, feasibility as a proper subject, and some ideas to improve on this question.The fifth part, the author advocates to give citizens the plaintiff qualification of individual to mention the consumer public welfare lawsuit, first of American this litigation mode are analyzed for reference, then cited individual citizens filed a consumer public interest litigation cases to illustrate the feasibility and urgency of this idea, based on the ideas put forward some perfect measures.This paper uses the comparative and literature analysis method, carry on the study and Research on this topic through the related extra territorial legislation, judicial practice experience of literature, legislation of some foreign countries consumer litigation mode about the proper subject has done some reference and study, and in-depth analysis of the present stage of our country consumer welfare litigation plaintiff qualification of the defects in legislation and other aspects; in addition, the paper uses the method of combining empirical analysis and case analysis, the typical case of China’s consumer public interest litigation in recent years were analyzed, the paper focuses on the judicial practice of our country procuratorial organs, the relevant administrative organs, consumer associations and individual citizens, litigation plaintiff qualification precedence and filed public interest litigation for the plaintiff qualification of the specific design of the system, in our country the consumer public welfare lawsuit is difficult to determine the solution of this problem provides a practical reference system and related legal support.
Keywords/Search Tags:consumer public interest litigation, plaintiff, qualification of plaintiff
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