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On The Plaintiff Qualification Of Consumer Public Interest Litigation In Our Country

Posted on:2017-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:L HuFull Text:PDF
GTID:2296330482496412Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Under the guidance of reform and opening up policy,our country has made a lot of achievements in the rapid economic development and frequent foreign communication. The consequent impact twofold, on the one hand greatly enriching people’s material life of society, on the other hand occuring more and more public events. Consumption containing both or multiple activities, it involves buying and selling of goods or services provided and acceptanceas. As long as there is a consumer, it will inevitably produce a wide range of conflicts and disputes. In the public need to protect the interests of consumers, the superiority of public interest litigation gradually unfolded In the joint efforts of the legislative and judicial,consumer public interest litigation was gradually established. After setting up the consumer public interest litigation that Who is eligible to bring such an action would be the first problem to be solved.Roman Empire would have established the principle of litigation “No plaintiff, there is no judge”. As the cause of the proceedings, arguably, the plaintiff qualification is the gate into the consumer public interest litigation,and is one of the prerequisites to explore programming problem. But in our country, research on consumer welfare Litigation is still in its infancy. 2013,after the new Consumer Protection Law revising, it is the first time defined the plaintiff qualification at or above the provincial level. Therefore, entering the gates of the consumer public interest litigation will inevitably exist leakage. The provisions in new Consumer Protection Law and Civil Law are too principled, and strictly limiting the scope of plaintiff qualification. To a certain degree, it leads to a small proportion of cases and low win rate in judicial practice. While the consumer public interest litigation has become the suspected dummy. “Chinese consumers and consumer associations setting up in the provinces, autonomous regions and municipalities”, they are uniquely qualified public interest litigation filed consumer body. However, it is difficult to meet the needs of 1.4 billion consumers, rights. Therefore, an appropriate expansion of plaintiff qualification range is particularly necessary. From the perspective of procedural law theory and judicial practice, procuratorial organs and administrative organs, social organizations and citizens,ther are necessity and feasibility of giving the plaintiff qualification. We need breakthrough and innovation of traditional party theory,based on our problems in this legislative defects and judicial dilemma, and on the basis of comparison and drawing on the useful experience of foreign countries. We need coordination,,and give a full play to the procuratorial organs, administrative organs, social organizations, citizens in the maintenance of public consumption. I expect these suggestions will provid a effective protection to consumers, rights.
Keywords/Search Tags:consumption disputes, consumer public interest litigation, plaintiff qualification
PDF Full Text Request
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