Research On Plaintiff System Of Consumer Civil Public Proceedings

With the vigorous advocacy of the “Internet+” economy and the rapid development of information network technology,the consumption patterns are changing with each passing day.While giving an important boost to the promotion of the national economy,it also leaves room for illegal operators to harm unspecified consumer interests and even damage social public interests.In order to cope with this situation,in addition to the introduction of the public interest litigation in the "Civil Procedure Law," the legislature has also granted the consumer accreditation of consumers' associations above the provincial level in the Consumer Protection Act.Later,the legislation has successively issued a series of judicial interpretations to regulate the conduct of public interest litigation activities.However,comprehensively,the legislation has only a principled provision in the plaintiff system,and it is not enough to deal with complicated consumer cases in reality.Through the analysis of the theoretical issues of the consumer civil public interest litigation system,it is necessary to clarify the specificity of the consumer civil public interest litigation,and the plaintiff system breaks through the traditional theoretical framework of litigation.The characteristics of the broadness of the plaintiff's subject determines that China should establish a diversity of consumer civil public interest litigation.Plaintiff system.In addition to the consumer associations and prosecutors already provided for in the legislation,they should also be given the qualifications of other consumer organizations and individual consumers.And in order to make the diversified plaintiff system feasible,it is necessary to classify consumer public interest litigation.According to whether the plaintiff's subject matter claims involve private interests,they can be divided into pure consumer public interest lawsuits and compound consumer public interest lawsuits.There are differences in the types of lawsuits that different subjects can bring.Based on the combination of practice and legislation,we need to clarify the deficiencies in China's consumer civil plaintiff system.First,although the law clearly gives consumers associations and procuratorial organs the right to initiate consumer civil public interest litigation,their own system of plaintiffs needs to be improved.For consumer associations,consumer associations,as the body of plaintiffs clearly stipulated in the first law,have a semi-official nature that affects their utility,and the scope of consumer associations that are qualified to sue is too narrow.The scope of consumer associations should be extended to prefecture-level cities,and the corresponding mechanisms within consumer associations should be clarified;as the plaintiff's main body just established,theprosecution agency has a narrow scope of application in the consumer field and lacks specialized internal institutions.Through its jurisprudential analysis,it is pointed out that the legal basis for the inspecting organ's ability to institute a public interest litigation is not the power of supervision,but the right to public prosecution parallel to the power of supervision;and the position of the prosecutorial organization in the public interest litigation is to provoke people before prosecution and support prosecution.People and public interest litigation prosecutors;at the same time,they must improve the procuratorial organs' own institutions and lawsuit procedures.Second,under the system of diversified plaintiffs,through the comparison with extraterritorial laws,there are only two types of plaintiffs in China who are insufficient to deal with the increasing number of consumer cases.Therefore,it is necessary to think about the new claims of plaintiff qualifications in consumer civil public interest litigation.First of all,for other consumer organizations,based on the spontaneous nature of their membership,they are more motivated and enthusiastic than consumer associations to a certain extent.Therefore,the conditions for prosecution of other consumer organizations should be clarified.Secondly,through the discussion of the feasibility of consumers as public prosecutors for public interest litigation,it is considered that they should have the qualifications of plaintiffs,and as long as the corresponding supporting litigation safeguard measures are perfected,they can play a significant role.Furthermore,through the analysis of advantages and disadvantages,it is believed that the executive authorities themselves have a law enforcement function and it is not appropriate at this stage to grant them the qualifications of plaintiffs.However,the administrative agency is not irrelevant to the consumer civil public interest litigation and it should be clear about its role as an auxiliary in the public interest litigation.Under the system of pluralism,the situation of multiple litigation is unavoidable.In order to reduce the occurrence of this situation,it is necessary to clarify the position of the main body of diversity.In pure consumer public interest litigation,there are only two prosecution subjects,namely,consumer organizations and procuratorial organs,and consumers can only act as informants.At this point,the principle of prosecuting the consumer organization and supplementing the procuratorial organs should be established.In the composite public interest litigation,there are three plaintiffs: consumer organizations,prosecutors,and consumers.Consumer organizations should be ranked first,consumers should be second,and prosecutors should be ranked third.This establishes a system of consumer civil public interest litigation plaintiff with diversified subjects and clear division of labor.