Study Onthe Plaintiff Qualification System In China's Consumer Civil Public Interest Litigation

In daily life,almost everyone is consuming.With the development of market economy and continuous prosperity of society,consumer transactions almost occur in the daily life of citizens,and cases of infringement of consumers' rights and interests are common.In today's society,due to the rapid development of market economy,people's consumption patterns have become various,and the infringement methods of bad businesses have also become various.Therefore,against the background of numerous cases of infringement of consumers' rights and interests,the necessity of consumer civil public interest litigation is increasingly prominent.The development of the plaintiff qualification system of consumer civil public interest litigation in foreign countries is relatively mature,but in China,as a new type of litigation,consumer civil public interest litigation is still in the primary stage in all aspects,and there are many gaps and defects in legislation and judicature.In terms of legislation,the scope of subjects who enjoy the qualification of plaintiff in consumer civil public interest litigation in China is too narrow,so that those subjects who enjoy unique advantages in filing the lawsuit are not granted the qualification of plaintiff,while those who enjoy the qualification of plaintiff are restricted.In judicature,there are few consumer civil public interest litigation cases,and few guiding cases.It can be said that China's current consumer civil public interest litigation plaintiff qualification system still has a lot of shortcomings,so that a lot of consumer rights and interests were violated cases and not properly resolved through the judicial process.From the early cases of qiu jiandong's "one and two" lawsuit,sanlu milk powder incident,and the later cases of zhejiang provincial consumer protection commission suing Shanghai railway bureau,we can see that the defects of the plaintiff qualification system in consumer civil public interest litigation make the rights and interests of consumers and social public interests cannot be well protected.It has become a difficult problem to solve the dispute of the infringement of consumers' rights and interests,which makes the court also face a lot of trial pressure and public opinion pressure.Therefore,China urgently needs to improve the scope of consumer civil public interest litigation plaintiff.While perfecting the qualification system of the plaintiff in the consumer civil publicinterest litigation,we should also perfect the supporting measures and mechanism for different subjects of the plaintiff to bring a lawsuit and participate in the judicial process.To be specific,if we want to endow individual citizen with the qualification of plaintiff,we should establish the mechanism to prevent them from abusing the right of action.If we want to endow more social organizations and organs with the qualification of plaintiff,we should also establish a mechanism to prevent organizations and organs from idling in the exercise of litigation right and shirking responsibility to each other.In general,while expanding the scope of subjects who enjoy the qualification of plaintiff in the civil public interest litigation of consumption,we should also take measures to prevent the abuse of the right of action and the phenomenon of passing the buck to each other.And because the individual consumers relative to the infringement of the producers,operators and other companies,enterprises,weak economic foundation,lower social status,consumer rights protection problems such as high cost,long cycle of litigation for customers on rights,so in perfect consumption scope of civil public interest litigation the plaintiff main body at the same time,also should establish related encouragement mechanism.In the era of social and economic rapid development today,unqualified,not safe,the goods do not conform to the standard to enter the market,many damage to consumers' legal rights and interests of the common case,eventually involves the public interest of society as a whole,so the consumption of civil public interest litigation plaintiff qualification system has great research value and development space.This paper mainly studies the plaintiff qualification system of consumer civil public interest litigation,which is divided into four parts.The first part is an overview of the relevant concepts of the system.Firstly,it analyzes the concepts of public interest litigation and consumer civil public interest litigation,and then introduces the concept of plaintiff qualification in consumer civil public interest litigation.After the statement of relevant concepts on this topic,it enters the second part.The second part through the analysis of China's current consumer civil public interest litigation plaintiff qualification in the legislative and judicial level of the status quo,in order to put forward the existing problems and deficiencies in the system,for the completion of the following pave the way.In the third part,after describing the current situation and problems of the system,after understanding the domestic system,the author explores and analyzes the current situation and characteristics ofthe system in foreign countries,so as to absorb the essence and learn from the experience.In the last part,the author puts forward some Suggestions on the improvement of the plaintiff's qualification in order to complete the whole paper.