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The Study Of Plaintiff Qualification Of Consumer’s Rights Protection Public Interest Litigation In Our Country

Posted on:2015-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:D Z LaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Consumer is an important subject of modern economic system, it is the startingpoint of the economic industry’s production and reproduction, which maintaining thesurvival and development of the whole industry chain. Along with the rapiddevelopment of the commodity economy, protecting consumer’ interests seemsincreasingly important today. When facing to the fact of infringement, mostconsumers choose to seek relief by the way of conciliation, mediation or filed aprivate interest litigation, but it is just a way to protect the legitimate interests ofpersonal or the minority. When it comes to the mass tort cases involving consumerwelfare, there are still numerous of consumer cannot obtain timely and effectivelyrelief. Consumer public interests are being violated frequently, it’s urgently needpublic interest litigation system to protect it. However, because of the legislation onpublic interest litigation in our country only in the preliminary build status, publicinterest litigation in the judicial practice faces a embarrassing situation of "prosecutewithout door" or "often war and almost failure", combined with weak consumer inface to power producers or operators, they are unable to compete with the power bothin time, energy and the economy, consumer rights of the current litigation securitysystem facing a severe test. At the same time, along with the rights of our citizens’consciousness are gradually awakening and the power of consumer groups are gradually expanding, the sound of protecting public interests is growing, which makesthe establishment of consumer public interests litigation is particularly important,and improve the corresponding plaintiff system has become the top priority.China’s current "Civil Law" have increased the civil public interest litigation,"Consumer’ rights Protection Law" gives the Consumer Association a function of filedconsumer public interests litigation, which is began to implement at March15,2014.It has provided a legal basis for the consumer society participates in the consumerpublic interests litigation. But at the same time, we also see that the modify of new"Consumer’ rights Protection Law" is still very conservative, The new law not onlylimited the lawsuit qualification in China Consumers ’Association and ProvincialConsumers’ Association, but also exclude the possibility of individual consumers filedconsumer public interests litigation. In the early stages of public interest litigationsystem, the original intention of legislator was in order to avoid some of the possiblerisks by the way of "small steps", such as some consumers abuse procedural rights,malicious prosecution, but we can see in the judicial practice, individual consumersoften fight actively against the production and operation enterprises,who’s behaviorviolate the public welfare.The thesis is aiming to study the plaintiff qualification ofconsumer’s rights protection public interest litigation, contribute the poor power toimprove our county’s public interest litigation. The thesis is divided into three parts:The first part is study of the necessity and the characteristics of consumer’srights protection public interest litigation system. This section mainly describes thenecessity of the system constructed in accordance with numerous violations inconsumer areas of our county and analysis the characteristics of consumer publicinterest litigation by comparison with the traditional private interest litigation.The second part is study of the present situation of consumer’s rights protectionpublic interest litigation system. Through researching three aspects about theoretical,legal, practical to explain the basis of constructed the plaintiff system; analysis of thesituation of current legal protection and it’s defect.The third part is to improve a number of recommendations of consumer’s rightsprotection public interest litigation plaintiff system. This section is the key of the paper, improving the plaintiff system from the four aspects:social organizationslawsuit, individual consumers lawsuit, litigation of administrative authorities,procuratorial organs supervise the prosecution, establishing a diversified and a lawsuitseating arrangement plaintiff qualification mode of consumer’s rights protectionpublic interest litigation in our country.
Keywords/Search Tags:Consumer’s rights, Public interest litigation, Plaintiff qualification, System improvement
PDF Full Text Request
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