On The Limitation Of Action In Consumer Civil Public Interest Litigation

Since the regulation of consumer civil public interest litigation system in 2012,consumer civil public interest litigation has become an important means to maintain social consumer public interest.Unfortunately,due to the imperfection of legislation,the lack of special provisions on the limitation of action in consumer civil public interest litigation,and the different opinions on whether to apply the limitation of action and how long to apply the limitation of action in academic circles,the application of the limitation of action in consumer civil public interest litigation is different in various courts in practice,which hinders the relief of consumer public interest.In order to establish a unified application rule of the limitation of action in consumer civil public interest litigation,this paper studies the improvement path of the limitation of action system in consumer civil public interest litigation through empirical analysis and other research methods.We find that the limitation of action of consumer civil public interest litigation is not clear in the legal basis,the beginning of the limitation and the scope of application,and it is faced with many difficulties,such as the common limitation of action cannot fit the public interest litigation,the subjective determination of the beginning of the limitation is complex,whether the pre litigation notice can interrupt the limitation of action,and the lack of response measures for the behavior of delay in prosecution.On the basis of comprehensive measurement of relevant factors,this paper puts forward some perfect suggestions,such as stipulating the limitation period of consumer civil public interest litigation,refining the starting rules of the limitation period of consumer civil public interest litigation,moderately expanding the interruption causes of consumer civil public interest litigation,and giving the procuratorial organ the "right of prosecution" for infringing consumer public interest behavior.