论反垄断民事公益诉讼的诉权配置OA

Paragraph 2,Article 60 of the Anti-monopoly Law of the People's Republic of China(2022 amendment)separately assigns the litigation rights of anti-monopoly civil public interest litigation to the people's procuratorates at or above the prefecture-level city,which is obviously contradictory to the general law on the assignment of litigation rights in Article 58 of the Civil Procedure Law of the People's Republic of China(2023 amendment).Granting the procuratorial organs the qualification for anti-monopoly civil public interest litigation is certainly reasonable,but it cannot exclude social organizations.At the normative level,a diverse pattern of litigation right parties should be constructed,including procuratorial organs,some industry associations,and consumer organizations.Within the diversified system of litigation rights assignment,the order of exercise of litigation rights by the procuratorial organs,some industry associations,and consumer organizations should be determined.