Analysis Of Social Organization The Qualification Of The Plaintiff In Consumers Public Interest Litigation

In recent years, against the interests of consumers of cases continue to emerge,these cases not only relates to the consumer is numerous, and the impact of the big social harmfulness is big. For the convenience of consumers rights protection, in 2013 China began to implement the "Civil Procedure Law" for the first time to establish China’s public interest litigation system, but China’s consumer public interest litigation practice situation is still not ideal. Investigate its reason, although China has introduced the public interest litigation system, but this system in China has only just started, in practice, there may be many unknown problems. But the most fundamental reason is that China’s law is not perfect and the system is not perfect, in academia is lack of research on the system specification, our present legal provisions like castles in the air. At present our country the main body of the consumer public interest litigation is still in a state of uncertainty, "the provisions of the law of the organs and organizations" belongs to the stipulation is not clear, although the new introduction of the "civil law judicial interpretation" for further provisions of public interest litigation system, in the conditions of prosecution, reconciliation are made, but there are still many problems, such as: social organization internal chaos and social organization filed public interest litigation scope is not clear etc.. While the legal provisions of the organization only in a specified above the provincial consumer association can initiate proceedings, the mandatory provisions will not conducive to the protection of the interests of the majority of consumers are uncertain? Other social organizations can be sued? In the theory of traditional party system has become the implementation of the system of public interest litigation obstacles, China for social organization to become proper judgment standard of the unknown, our country consumer groups filed a public interest litigation lacks theoretical support. Therefore, how to define the social organization, social organization has become the theoretical basis of the plaintiff qualification of the consumer public interest litigation, and focus on the social organization filed public interest litigation may be the problems and etc are studied in this paper.This paper is divided into four parts, the first part mainly discusses some basic concepts of the consumer public interest litigation and on social organization introduction. Clearly the consumer public welfare lawsuit is how to define and presentdevelopment situation of social organizations in China and brought the consumer public welfare lawsuit advantage and effect; the second part mainly discusses the social organization legitimacy as the consumer public welfare lawsuit. Introduces the Beneparty theory that exist in the development of some theories, the author agrees to the litigation interest based Beneparty theory, at the same time, on the basis of analysis of the legal trust should become the current social organization become technological means consumers of plaintiff; the third part mainly discusses the present social organizations in our country public mention of practice litigation of the consumer and the existing problems in legislation of social organizations in China, at present the consumer public welfare lawsuit filed practice is not optimistic, and the existence of legislation or ambiguous situation; the fourth part mainly discusses how to perfect social organizations filed the consumer public welfare lawsuit. That not only should be improved in the face of this system from the theoretical level and the legislative level, should also improve social organization on the current management chaotic situation.