A Study Of The Diversification Of Litigation Subject In Consumption Of Civil Public Interest Litigation In China

In recent years,with the development of the economy and society,various cases involving the violation of the rights and interests of consumers are emerging in an endless stream.Cases that are of research value in consumption of civil public interests litigation are emerging in a large number as well.Through the analysis to some typical cases,the scope of the subject of action has been considered too narrow in consumption of civil public interests litigation of our country.In practice,it is arduous for consumers to safeguard their legal rights via filing public interests litigation.Meanwhile,the civil cases involving consumptive disputes have been diversified in practice due to the particularity of the public interests including existing interests and prospective interests and the pervasiveness and uncertainty of the right subject in consumption fields.Therefore,for appropriately handling with the civil consumptive disputes,the pluralism of the litigation subject in consumption of civil public interests litigation is imperative.In both common law countries and civil law countries,the litigation subject in consumption civil public interests litigation converges on the individual consumers,consumer groups,procuratorial organs and administrative organs,which provides a referential blueprint for the pluralism of the subject in consumption civil public interests litigation of our country.In addition,the advancement of the theory of qualified litigant,theory of sue interest,theory of action right and the theory of litigation trust has extended the scope of the litigation subject and transferred the right of action to the subject that is not directly and interestedly linked with the case,thus which provided theoretical support for the pluralism of the litigation subject.Therefore,a model of pluralistic litigation subject is supposed to be built in our country,individual consumers,procuratorial organs and administrative organs are supposed to be qualified for the litigation and the limitation of the qualification of the subject of action to the consumer groups is also supposed to be extended.Consequently,we would exactly safeguard the legal rights and interests of consumers.