Research On The Qualification Of Public Interest Litigants

The establishment of the consumer public interest litigation system helps to better protect the legitimate rights and interests of consumers,but which subjects are eligible to mention the litigation is directly related to the implementation effect of the system.According to the current law,the provincial and above consumer associations and prosecutors have prosecution qualifications,but the specific rules of operation remains to be improved.What the range of the organs and relevant organizations prescribed by law in paragraph 1 of article 55 of the civil procedure law actually contains,whether the individual also has the prosecution qualifications and other practical issues still bother theory and practice.Therefore,this article set the consumer public interest litigation "plaintiff" as the main research,trying to improve China's consumer public interest litigation system.In addition to the introduction and conclusion,this paper is divided into four chapters.Chapter 1:Overview of the Plaintiff's Qualification of Consumer Public Interest Litigation.This chapter expounds the concept of consumer public interest litigation,the consumer public interest litigation subject has charachers like being diversified and public welfare,the outcome of the decision aiming to the unspecific groups and the plaintiffs rights restricted.The theoretical basis of consumer public interest litigation comes from the new development of the theory of conformity of the parties,the breakthrough of civil action and the theory of litigation trust.Chapter 2:Analysis on the status quo of the plaintiff qualification of consumer public interest litigation in our country.This chapter analyzes the current situation of our legislation and the status quo of justice.The status quo of the legislation makes an analisis on the plaintiff qualification requirements based on the "Civil Procedure Law"and "Consumer Protection Law";judicial status contains limited consumer litigation plaintiff qualification,low rate of the plaintiff winning,the shortage power of the plaintiff prosecution,difficult to achieve the purpose of public welfare of the referee results and other issues.Chapter 3:The outside study of the consumer public interest litigation plaintiff qualification.This chapter mainly introduces the group litigation models of the United States and Germany and the selected party model of Taiwan in China,and tries to provide reference for our country.Chapter 4:The perfection of the plaintiff qualification of the consumer public interest litigation in our country.This chapter analyzes the reasonable basis,the difficulties and the perfect path of the consumer consortium,the procuratorial organ and the citizen individual.The author believes that China should adopt the principle of "diversified main body coexistence" to protect the development of consumer public interest litigation,while consumer associations,procuratorial organs and citizens in turn as the main body of the consumer public interest litigation,each within the scope of the law to exercise the right,to protect the legitimate rights and interests of consumers.