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Research On The Plaintiff Qualification Of Consumers’ Public Interest Litigation

Posted on:2018-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:S H PengFull Text:PDF
GTID:2346330533467640Subject:Law, Economic Law
Abstract/Summary:PDF Full Text Request
As the commercialization of society is growing,between the consumer and the production and management personnel for commercial transactions have become increasingly frequent,from the recent period of time the violation of consumer rights cases can be seen in affected consumers to the existence of collective state.Consumers compared with production operators has been at a disadvantage,when consumers against their own interests behavior,consumers know they have a big difference with the opponent’s strength,afraid or unwilling to sue,as a result,made according to relevant laws and safeguard consumers their own interests become empty talk.With the gradual awakening of awareness of citizens’ rights in China,the protection of consumer rights and interests more and more to create consumer protection the rights and interests of the public interest litigation system is urgent,and the optimization of the plaintiff system has become the focus of the relevant.The end of August 2012,"Standing Committee of National People’s Congress on Amending the Civil Procedure Law of the PRC" in accordance with the decision of the Eleventh National People’s Congress of the twenty-eighth meeting of the vote,of which fifty-fifth of the public interest litigation system make the rules,this is a new milepost the development of China’s public interest litigation system.Not only broke the shortcomings of China’s public interest litigation legislation is not complete,but also provides a new solution for public events against the consumer’s own interests.In March 15,2014 the formal implementation of the "Consumer Protection Law" article forty-seventh of the Consumer Association of the plaintiff qualification made clear provisions,given the Consumer Association as consumer public interest litigation plaintiff qualification.But because of the time on the theory of China’s consumer public interest litigation system is short,practical experience less,combined with the legislative research inadequate preparation,the legal provisions are too simple,so while the establishment of the consumer public interest litigation system,but the distance running effectively and meet the needs of the specific operation is still far,still need to continue to optimize through legislation and practical experience.This article from the "plaintiff" perspective,combined with the relevant provisions of the revised "Civil Procedure Law" and "Consumer Protection Law",the main research problems of our country consumer plaintiff in public interest litigation,the scope and type of the plaintiffs in the lawsuit procedure of advantages and disadvantages,and puts forward reasonable suggestions on the optimization of the plaintiff China’s consumer public interest litigation qualification.This paper is divided into four parts to explore the issue:The first part mainly expounds the theory of the plaintiff’s qualification of the public interest litigation.The formation and development of public interest litigation,the connotation and characteristics of the consumer public interest litigation,the connotation and characteristics of the plaintiff’s qualification and the legal basis for the comprehensive elaboration.The second part is the research on the plaintiff qualification of the public interest litigation in other countries.At present many foreign consumers in the public interest litigation system is relatively perfect,but because there are great differences in the basic state of the system,so the consumer public interest litigation in each country are very different,they take on the plaintiff the different legislative model,given the different subject as the qualifications of the plaintiff.The United States,Germany,Britain,India and other countries of the consumer public interest litigation and the qualification of the plaintiff launched a comprehensive elaboration,and analyzes the enlightenment of plaintiff qualification of the consumer public interest litigation in China.The third part is to explore the basic situation of plaintiff qualification of consumer public interest litigation in China,from two aspects of legislation and judicature,and pointed out that in the current environment,the existence of the plaintiff qualification problems are not given to the plaintiff qualification of the consumer public interest litigation filed in the absolute right and the Consumers Association has a certain limit,the law authorities and relevant organizations is not clear,specific procedural rules and general civil litigation without any differences in these aspects,and then illustrates the necessity of plaintiff qualification optimization of consumer public interest litigation,to perfect the civil public interest litigation system,to curb public behavior,damage increasingly prominent to protect the legitimate rights and interests of consumers and promote justice independent,has important significance in improving the judicial authority.The fourth part is the focus of this paper,through the study and learn from foreign legislative experience,combined with China’s actual conditions,it is recommended by the consumer individual,social organizations,prosecutors as a public interest litigation plaintiff.The thinking of China’s basic national conditions and maintain the basic balance on the existing legal system,analyzes the advantages and disadvantages of the various types of plaintiff’s study,how to create and optimize the consumer public interest litigation system in our country,so as to make it more comprehensive protection of consumer interests,timely express the demands of consumers to safeguard their own interests.From all the problems solved between the interests of consumers and increasing our country consumer market long-term chaos phenomenon.
Keywords/Search Tags:consumer, public interest litigation, plaintiff qualification, system improvement
PDF Full Text Request
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