| The main idea of the requirements of procedural law of traditional lawsuit must have the qualification of the plaintiff has an interest relationship with the case and the anti unfair competition law in the field often no specific infringement object but on social public interests indeed damage caused by illegal behavior. To this kind of infringement, often because of administrative enforcement of law is not complete and the person requesting specific complaints without the door and was left alone. That is, no interest is not the principle of right of action is considered of particular interest is the basic condition of the court verdict. So, for example, environmental or social market economy and other public interests, civil litigation subject right is denied, the reason is that they have no direct interest relationship with the interests of specific. However, in recent years the society appears more and more new social disputes, such as the market of consumer public interest litigation, market monopoly, the social environment pollution lawsuit disputes, individual citizens have no way to bring an administrative or judicial proceedings to protect such public interests. The previous procedure legal system only protecting private interests and ignore maintenance of public interest, public interest litigation and antitrust beyond to make up for the loopholes in the law. In view of this, the author write this article mainly is the study of anti-monopoly public interest litigation plaintiff qualification, and finally the conclusion is accord with the situation of our country’s current anti-monopoly public interest litigation should be given a private body, social organizations and procuratorial organs such as the plaintiff qualification of lawsuit, make our country antitrust litigation system become more perfect in order to improve the health, the role of competition law environment. The full text is divided into four parts:The first part is the definition of anti-monopoly public interest litigation law. From the current procedure law theory of public interest litigation, public interest litigation needs discussed the concept of professional language specification, the customary and foreign litigation law academic communication needs and other aspects to consider, to make his legal content, theoretical basis, characteristics, value of legal definition.The second part is the relevant foreign antitrust plaintiff qualification in public interest litigation system and its reference. A study on the public interest litigation system is the key of the qualifications of the plaintiff. Currently the world provisions of plaintiff qualification in public interest litigation difference is very big, and China current judicial practice, there exists only a narrow public interest litigation a certain extent.The third part is the present situation of China’s anti monopoly of plaintiff qualification in public interest litigation system.This part through the analysis of the present situation of legislation in our country at present, clarifying the defect cause analysis.The fourth part is the perfection of our anti-monopoly public interest litigation plaintiff advice. Through the analysis and study of the above three parts, has made clear the deficiency of our country’s anti-monopoly public interest litigation plaintiff qualification system exist, this part will try to put forward corresponding suggestions, in order to solve the current difficulties in the practice of legislation. |
