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

The rapid development of the social economy,the number and type of commodity transactions have also increased significantly,which in turn includes not only the infringement of consumers,but also the violation of the public interest.The traditional litigation solution mechanism has been unable to meet the needs of safeguarding the public interest.In order to better protect the rights and interests of consumers,consumer public interest litigation has emerged.China has established a consumer public interest litigation system in the Civil Procedure Law revised in 2012.However,at that time,it was only a general provision,especially the plaintiff's qualifications.The law only stipulated "the organs and relevant organizations stipulated by law",and there is no specific pointing agency.It can be seen that although the consumer public interest litigation is established,it is difficult to play a role.The subsequent "Consumer Rights Protection Law" made clear to the plaintiffs in consumer public interest litigation: the Consumer Association above the provincial level.The Civil Procedure Law,amended in 2017,adds to the prosecution's eligibility for litigation under statutory conditions.Although the plaintiff qualification of consumer public interest litigation has been clarified,from the practical point of view,China's plaintiff qualifications for consumer public interest litigation are still too strict,consumer public interest litigation cases are few,and consumer interests are not maintained in a timely and effective manner.If this problem cannot be solved,consumer public interest litigation still cannot play its due role.Therefore,this paper will explore the expansion of the plaintiff qualification of consumer public interest litigation,and analyze the discussion on the expansion of the plaintiff qualification of consumer public interest litigation from the following aspects:The first part of the text outlines the status quo of consumer public interest litigation.Firstly,it introduces the public interest litigation system,the development of consumer public interest litigation and the necessity of establishing consumer public interest litigation.Secondly,it summarizes the existing legal principles of the plaintiff qualification of consumer public interest litigation in China.Basic,legal regulations and practical status;Furthermore,the current situation of consumer public interest litigation in China is analyzed and the main reason why the consumer public interest litigation can not play its due role is that the plaintiff's qualifications are too strict.The second part of the text first analyzes the inadequacy of the plaintiff qualification of consumer public interest litigation,and analyzes the limitations of the plaintiff qualification of consumer public interest litigation from the three aspects of“legal organs”,“related organizations” and individual citizens;On the basis of sex,the author puts forward the perfect path of the plaintiff qualification of consumer public interest litigation.The third part introduces the relevant provisions of the plaintiff qualifications of public interest litigation in other regions and countries from three aspects: “related organizations”,“institutions prescribed by law” and individual citizens.On the issue of litigation qualifications of “related organizations”,the public interest litigation of consumer groups in Germany,Japan and Taiwan was introduced.The Australian Competition and Consumer Commission was introduced on the litigation qualifications of “legal bodies”.,the US Federal Trade Commission consumer public interest litigation,the plaintiff qualification of the Russian Federal Antimonopoly Service;in the individual qualifications of citizens,from the "private prosecutor theory" of the United States,India's "letter jurisdiction",Quebec consumers in Canada The three aspects of the group litigation are described.In the last section,it summarizes the significance of the successful experiences of these regions and countries for China.The fourth part of the text is a concrete proposal for perfecting the qualifications of plaintiffs in consumer public interest litigation.It also analyzes the advantages and specific ways of expanding the litigation qualifications from the “legal organs”,“related organizations” and individual citizens;In order to guarantee the plaintiffs who are qualified to sue,they can give full play to their respective advantages and give institutional advice on supervision,over-regulation and incentive mechanisms.The fifth part of the main text is mainly to make the expanded consumer public interest litigation work better,and to propose other aspects of the rule construction,give certain suggestions on the scope of prosecution and the order of prosecution,and repeat the prosecution and society.Relevant opinions were put forward on the collaboration mechanism to ensure that consumer public interest litigation can better protect the interests of consumers.