Research On The Subjects Of Civil Public Interest Litigation Of Food Safety

China's “Civil Procedure Law”,“Consumer Protection Law” and “Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Consumer Civil Public Interest Cases” clearly stipulate that the main body of the food safety public interest litigation is the procuratorate,China Consumer associations and provincial consumer associations,but have never been granted citizenship for public interest litigation.Although the“legally prescribed social organizations” are endowed with the right of public interest litigation,the specific scope and procedures are not yet clear,making them excluded from the subject of public interest litigation in fact.In addition,consumers' association limited to at or above the provincial level,reduces the area disappear assist the main body,and a no-obligation public interest litigation regulation gives disappear assist filed a public interest litigation option,easy to reduce their enthusiasm,eventually leading to a focus in this case should be complementary in the field of procuratorial organs,make its complementary position deviation.Moreover,in the field of food safety,the procuratorial organs mainly file civil public interest lawsuits for food safety and criminal incidental civil public interest lawsuits.Under the background of judicial reform,there are already some pressures such as insufficient human and material resources.If again laissez-faire disappear assist will public interest appeal right shift to procuratorial organ,as time goes by will certainly have the influence to the public interest litigation enthusiasm of procuratorial organ.Therefore,in the trend of the increasing number of public interest litigation cases,it is necessary to strengthen the supplementary position of procuratorial organs,in order to better play the function of public interest litigation.Current,the country emphasizes to strengthen food safety to work.In his government work report at the second session of the 13 th National People's Congress on March 5,2019,premier li keqiang pointed out that food safety supervision should be further strengthened to stimulate the vitality of market players and safeguard the rights and interests of consumers.Food safety case,however,professional and high complexity,lead to private interest litigation rights of the poor road,plus food safety case has the potential hazards of particularity and food safety such as public participation mechanism is given by the public participation in the governance of food safety requirements,as the main body in the children filed a civil public interest litigation to provide the corresponding food safety.Therefore,it is necessary to protect the public interest of food safety through private interest litigation and public interest litigation.Based on the present situation of food safety incidents in and conform to the trend of national policy,further research on food safety diversification of civil public interest litigation prosecution,perfect the relevant laws and regulations,and expanding the scope of the current main body,appropriate to implement case triage,better play to the public welfare lawsuit functions,the comprehensive maintenance food safety has great significance to the public interest.The research ideas of this paper are as follows:The first part expounds the basic jurisprudence of the subject of civil public interest litigation of food safety.By expounding relevant theories such as the parties' eligibility theory expansion,public interest litigation right and people's sovereignty,the theoretical basis is pointed out;By discussing the particularity of food safety cases and the requirements of public participation mechanism of food safety for qualified subjects to initiate public interest litigation,the necessity of diversification of civil public interest litigation subjects of food safety is expounded;By studying the successful cases of public interest litigation in judicial practice and the successful experience of foreign countries,this paper expounds the feasibility of diversification of the subjects of civil public interest litigation of food safety.The second part discusses the problems existing in the subjects of civil public interest litigation of food safety.Specifically,the low rate of public interest lawsuits filed by consumer associations and the absence of public interest litigation rights of “other consumer organizations” result in the ineffective performance of public interest litigation functions of social organizations for food safety;The negative exercise of public interest litigation right of consumer association leads to the public interest lawsuit finally filed by the procuratorial organ,which makes it supplementary positioning deviation;The citizen's right to participate in the litigation is not guaranteed because the way of private interest litigation is not smooth and the right of public interest litigation is missing.The third part analyzes the causes of the problems existing in the subjects of civil public interest litigation of food safety.Specific for: consumer association and “other consumer organizations” of the relevant legislative provisions are defective;The enthusiasm of consumer association is limited and the public interest litigation right is actually concentrated in the procuratorial organ;Citizens are not given subject status.The fourth part is about the food safety civil public interest litigation litigation subject of rational thinking.We will improve the legislative provisions of consumer associations and“other consumer organizations” and appropriately relax the scope of consumer associations so that “other consumer organizations” in fact have the right of public interest litigation;Perfect the procuratorial organ to Sue the main body status stipulation,strengthens the supplementary status of the procuratorial organ;The legislation endows citizens with the qualification of litigant subject,brings it into the scope of the subject of public interest litigation,and further exerts the function of public interest litigation prevention.