Research On The Expansion Of Standing Of Consumer Public Interest Litigation In China

Public Interest Litigation allows the subject who has no direct interest relationship with the case to initiate the lawsuit in the name of protecting the social public welfare,which is conducive to the protection of social welfare and the realization of relief of the rights of victims in the consumption field.China has established the Public Interest Litigation System in the consumption field,however,with the current ambiguity and lack of relevant Legislation,the proper plaintiff are limited in a small area and the relevant systems are filled with defects,which mutually lead to the poor social effect of Public Interest Litigation in the consumption field.Starting with the analysis of the relevant concept of Public Interest Litigation,this paper firstly defines the meaning of "Public Interest" in the consumption field,and on this basis,taking the theory of Expansion of Proper Party and the analysis of status of Public Interest Litigation in China into account,the necessity of expanding the standing of plaintiff in Public Interest Litigation is tried to be justified.Finally,through analyzing and referring the relevant systems of typical countries form the Two Legal System,this paper seeks to build the specific ways of expanding plaintiff's standing in Public Interest Litigation in the field of consumption.Except the preface and conclusion,this paper is divided into four chapters.Chapter One analyzes the relevant concepts of Public Interest Litigation in consumption field.The first sub-chapter analyzes the main party of the Public Interest Litigation,including the consumers,operators and consumer protection organizations.The second sub-chapter,taking the relevant theory and legislation into account,tries to define the "public interests" in the field of consumption.Chapter Two analyzes the background of the expansion of plaintiff standing of Public Interest Litigation in consumption field of China.In the first sub-chapter,the author introduces the theory of expansion of theplaintiffs standing.In the second sub-chapter,taking the theory of plaintiff's standing expansion and the analysis of status of Public Interest Litigation System in China into account,the author tries to justify the necessity of expansion of plaintiffs standing in Public Interest Litigation in consumption field.Chapter Three analyzes the characteristics and significance of different types of Consumer Public Interest Litigation System under the Two Legal Systems.The first sub-chapter analyzes the Consumer ProtectionOrganization Litigation System of German,typical representative of Civil Law System;the second sub-chapter and the third sub-chapter analyzes respectively the Attorney of States Public Interest Litigation System and Consumer Group Litigation System of America,the typical representative of Common Law System.Chapter Four puts forward the design of the paths of plaintiffs standing expansion of Consumer Public Interest Litigation in China,whose way consist of the expanding of areas of subjects and the improvement of capacity of action.The first sub-chapter designs the expansion paths of the Consumer Protection Organizations.The second sub-chapter designs the expansion paths of the Procuratorates;The third sub-chapter designs the expansion paths of the consumers.