Research On Subject System Of Consumer Public Interest Litigation

On August 31,2012, Civil Procedure Law of People’s Republic of China (hereinafter referred to as "Civil Procedure Law") has been passed by the 11th National People’s Congress Standing Committee on the 28th Meeting and it shall be in force since January 1, 2013. Civil Procedure Law increases a provision on consumer public interest litigation. The foresaid provision stipulates that statutory authorities and relevant organizations may file a lawsuit. However, this provision does not give individual citizens qualification to file a consumer public interest litigation Judicial Interpretation of Civil Procedure Law of People’s Republic of China (hereinafter referred to as "Civil Procedure Judicial Interpretation"), which has been passed by 1636th meeting of the Judicial Committee of the Supreme Court, has been in force since February 4,2015. Civil Procedure Judicial Interpretation stipulates it shall be statutory subject, who was provided by Consumer Right Protection Law of People’s Republic of China and etc., may file a lawsuit. Consumer Right Protection Law of People’s Republic of China (hereinafter referred to as "Consumer Right Protection Law") has been passed by the 12th National People’s Congress Standing Committee on the 5th Meeting. Consumer Right Protection Law further defines the scope of relevant organization. But the scope of relevant organization is limited to Chinese Consumers’ Association and Consumers’Association established in provinces, autonomous regions and municipalities, especially when the statutory authorities are still not clear. Consumer public interest litigation is still in development. In order to further improve the new established system, I believe that it is necessary to analyze whether individual citizen, consumer organizations, administrative organs, procuratorial organs is appropriate as subject to file consumer public interest litigations. Furthermore, I believe the order of proposed subject must be in discussion when subject system of consumer public interest litigation is designed. If the subject order issue was excluded from the study of subject system, it is likely to lead to overlapping responsibilities between the subjects and cause unnecessary waste of judicial resources. If the qualified consumer public interest subject do not fulfill the duty, namely protecting consumer rights, it should have some pre-designed system to impose the negligent conduct Ⅰ believe that the ultimate goal of improving consumer public interest litigation system is to better protect the rights of consumer public interest and relief public interests.