On The Competence Of The Plaintiff In The Consumer Public Interest Litigation In China

Consumer public interest litigation plaintiff qualification of the clear,prompt consumers to public interest litigation system in our country develop smoothly,promote social progress and safeguard consumer public welfare lawsuit orderly.At present,the consumer public interest litigation plaintiff qualification system has some problems,characterized by "other consumer group" and "provincial below disappear assist" the lack of public interest litigation the plaintiff,the administrative organ is not giving public interest litigation plaintiff qualification,the procuratorial organ's public interest litigation plaintiff qualification right legislation is not clear,and as a public interest litigation of the plaintiff's loss.Consumer public interest litigation plaintiff qualification system in our country problems include: the main reasons for the current legislation of "small groups" can not meet the needs of the development of the real,is very fuzzy,to the provisions of the "authority" of the citizen's right of public welfare have been banned.Therefore,based on the research of the status quo of consumer groups in China,on the consumer public welfare protection,legal,under the premise of the basic principles of independence,voluntary,decided that "the consumer group" to comply with the articles of association,quantitative organization personnel,equipped with professional and technical personnel and legal personnel,have an independent litigation,qualified and practical experience,other organizations qualification application process and the cancellation procedure as simple as possible,even at the same time give "under the provincial consumer advocates" as the right of the plaintiff's qualification;To administrative organ beyond the scope of its jurisdiction under the condition of not administrative punishment,in must follow the basic principle of relevance and litigation efficiency under the premise of following administrative remedy procedure in advance to no one to prosecute cases of serious damage to public welfare sued separately;In right of the procuratorial organs filed a public interest litigation plaintiff qualification,there is just one of the people's procuratorate filed a public interest litigation measures for the implementation of pilot projects(hereinafter referred to as the "measures"),applies only in 13 provinces and cities,this requires legislation shall be approved and ensure its widely applicable;Given the citizen ability is limited and rampant litigation reality,allows citizens in the form of group litigation,that in the court authority intervention and group members to determine the scope of rights under the premise of basic principles,in the proof process,the open group even when makes proved ruling transparent,to ensure that the group litigation representatives and lawyers to determine.For the four main body has the right to filed a public interest litigation and conflict,on the basis of litigation of the plaintiff and the close relation between the offenders degree necessary for the sequence of ranking litigation rights.