Research On The Qualification Of Plaintiff In Financial Consumer Public Interest Litigation

In recent years,China's financial market economy has been developing by leaps and bounds,however,there are also frequent violations of the legitimate rights and interests of consumers of financial products,resulting in frequent losses of the legal rights and interests of relevant personnel.In recent years,such as the "E rent treasure illegal fund-raising case","cool riding refund deposit difficult" and other financial consumers' safety issues have been brought into public attention,causing intense concern.In addition,because financial consumer disputes are more professional,complex and have a wide range of victims,financial public interest lawsuits are born in line with the trend.Based on this background,this paper mainly elaborates the qualification of plaintiff in financial public interest litigation.Begins by defining the concept of financial consumers and public interest litigation,and then define the financial public interest litigation plaintiff qualification of the four conditions and two particularity,illustrates the financial public interest litigation plaintiff qualification is beneficial to ensure the implementation of financial public interest litigation,to achieve financial public interest litigation purpose,is conducive to maintaining the stability of financial order.Next,through the analysis of China's financial public interest litigation plaintiff qualification existing legislation found that,at present,Chinese law only provides legal basis for the introduction of consumer public interest litigation by consumer associations and prosecutors at or above the provincial level in the field of food and drug products,however,most of them are based on principles and are relatively macro and less practical.Therefore,by comparing the advanced experience outside the region and citing typical cases,the author elaborates the problems existing in the current legislation of China's financial consumer litigation qualification.Specifically,excluding individual plaintiffs,"Legally prescribed organs" have no specific provisions,the restrictions on social organizations are too severe,the scope of consumer public interest lawsuits filed by prosecutors is too narrow,there is no coordination mechanism between different subjects.After clarifying the current defects and deficiencies in the legislation of plaintiff qualification in financial consumer public interest litigation,based on China's national conditions,the author,by comparing relevant legislative experiences outside the region,puts forward corresponding measures for the above problems: First,the inclusion of individuals of citizens who are affected by entities of financial and public interest,establish procedures and limit the scope of the proceedings;Second,clearly defined "law authority",give the China banking regulatory commission consumer protection bureau,consumer protection bureau of insurance supervision committee,securities regulatory commission consumer protection bureau,securities regulatory commission consumer protection bureau to the plaintiff qualifications,and properly balance the administrative means and legal means;Third,appropriate expansion of the consumer association as the main body of reference,to expand it to the ground level,increase the qualification of plaintiff in private professional financial consumer organizations;Fourth,expanding the scope of public interest lawsuits filed by prosecutors to the realm of financial consumption,and keep it modest,delay in exercising its rights;Fifth,build harmonious relations between different subjects.