Research On The Plaintiff Qualification Of Public Interest Litigation Of Our National Affairs Consumption

Consumer public interest litigation,as a new type of litigation mode with the core of protecting the rights and interests of non-specific majority consumers,has unique significance.At present,the scope of plaintiff qualification stipulated by Chinese law is too narrow,the legal provisions are too simple,there are still some legal gaps.In today’s business environment with rich network resources and developed e-commerce,every one of us is involved in consumption almost every day,and plays the role of consumer every day.The number and scope of consumption infringement may be expanded to touch the interests of the majority of people without specific requirements.However,consumers are in a weak position in the whole consumption environment.Even if there is a consumption dispute,consumers may give up their rights because of the high cost of money or time,which will make unscrupulous merchants more aggressive and do whatever they want.In order to fundamentally solve the problem of the small amount of consumption public interest litigation,the first step is to determine the plaintiff qualification of consumption public interest litigation,which is the first and most critical step in filing consumer public interest litigation.If the law sets the scope of plaintiff qualification more broadly and lowers the threshold of plaintiff qualification,then it is very easy to have the problem of excessive litigation.However,if the scope of plaintiff qualification is too strict,there will be too few subjects who can file consumer public interest lawsuits,and the rights and interests of consumer groups are difficult to be effectively maintained,and the legislative purpose of consumer public interest lawsuits cannot be realized.The existing legal provisions for the plaintiff qualification is relatively vague,there are a lot of legislative gaps and loopholes,in practice less application,so it is necessary to further improve the relevant provisions.Our country "consumer rights and interests protects a law" in regulation only Association of Chinese consumer protection and province,municipality,municipality directly under the Central Government disappear assist just can bring this lawsuit.The "organs and organizations prescribed by law" stipulated in China’s Civil Procedure Law and the "organs and social organizations authorized by the National People’s Congress and its Standing Committee" stipulated in the interpretation of consumer public interest litigation are very vague and not highly operable.This paper uses literature analysis,comparative research and other methods to explore China’s consumer public interest litigation plaintiff qualifications of the legal provisions and judicial practice,and strive to learn from foreign advanced consumer public interest litigation system to fill the legislative gap in China.Full text includes four aspects,the first part is the body of the consumer public welfare lawsuit concept analysis including the characteristics of the plaintiff’s qualification,theoretical basis,the second part is outside of our country consumer public interest litigation plaintiff qualification question revelation,refer to the practical experience of the United States,Japan,Germany and the enlightenment,the third part discusses the current situation and problems of civil consumer public interest litigation in our country,from consumers’ association,the procuratorial organs,individual citizens,the administrative organ Angle to analyze problems,finally put forward the corresponding solutions,the consumer society expanded to cities and counties,the plaintiff qualifications individual citizens have the plaintiff main body qualifications system design,expanding the scope of the procuratorial organ’s case,gives special administrative organs of the plaintiff qualifications system design.The characteristics of this study are to solve the conflict of litigation right between different subjects,namely the relationship between the four types of plaintiff qualifications,to determine the plaintiff qualifications in strict accordance with the priority,and to solve the problem of conflict and cooperation,so as to provide a feasibility analysis for expanding the scope of subjects of consumer public interest litigation in China.