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

Public interest litigation system has a long history,from the situation of the development of the rule of law civilization around the world,we can see in many countries litigation system is relatively complete got good practical application.due to the modernization of legal system in our country lag behind other countries step in the early,and the pace of development of rule of law is a big distance compared with foreign.At present,with the continuous improvement of productivity level and the continuous deepening of the reform of social institutions,produced a series of social problems inevitably.Among them,due to some social and economic aspects of the imperfection of laws and regulations,policies and related departments supervision do not meet the requirements,the events of consumer and public interests against are particularly significant.Social harm caused by public interest case consumers should not be overlooked,which spread to a very wide range.From the judicial practice situation,the traditional concept of the rule of law and the existing pattern of litigation in our country has been difficult to deal with and resolve this type of case.Therefore,we need repeatedly examine the traditional litigation model and seek a breakthrough,and actively introduce consumer public interest litigation.Because of this demand,the consumer public interest litigation was put on the agenda,by the jurisprudence unprecedented attention.The provisions in Article 47 from March 15,2014 formally promulgated the "Consumer Protection Law" is regarded as the biggest highlight of the Civil Procedure Law amended,because this modification gives the consumer associations as such proceedings the plaintiff in the main qualifications,our legal system eliminates the embarrassment of a blank.But only one legal provisions looks very thin and weak,especially in the proceedings,the provisions on the main aspects of the plaintiff s lack of clarity.Clear eligibility main plaintiff,is the most important consumer issues of public interest litigation to resolve,but also must address the core problem.This paper will define the problem four aspects of consumer interest litigation plaintiff subject of research.The first is the basic theory of Consumer Public Interest Litigation,step by step elaborate theoretical consumer welfare and public interest litigation,further details after the qualification of the plaintiff,to pave the way for further research below.Second is the detailed discussion of the status quo of our basic consumer welfare Litigation,from the stage of legislation,judicial practice and elaborated current difficulties were encountered.Theory with practice,combined with the situation encountered in judicial practice detailed analysis to identify the root cause of the problem,find solutions to facilitate countermeasures.Once again,the debate on domestic consumer public interest litigation plaintiff subject,there are four main argument:individual citizens,social organizations,procuratorial organs and administrative bodies.In this paper,were cut from four main research,introduce controversial views,combined with their development status of study abroad for analysis.Finally,in the study of the above-mentioned part of the paper obtained the consumer’s Public Interest Litigation Conception of,respectively from four different subjects,combining the above analysis,alternative proposals,in order to adapt to the present stage of social development and maintenance of the legitimate rights of consumers to provide cheap.