Research On Consummating The Public Interest Litigation System Of Consumption In China

Consumer public interest litigation system plays an important role in protecting consumer public interest,maintaining social stability and safeguarding national security.Improving the system of consumer public interest litigation is one of the important contents of improving the socialist legal system with Chinese characteristics,and also one of the important measures to realize people's yearning for a better life.Since the Civil Procedure Law revised in 2012 and the consumer rights and interests protection law revised in 2013,it has successively confirmed the establishment of public interest litigation and consumer public interest litigation system,2017 The civil procedure law,revised again in,gives procuratorial organs the right to file public interest litigation.In 2015,the judicial interpretation of civil procedure law,2016,the interpretation of consumer public interest litigation and other relevant judicial interpretations have detailed the procedural issues of civil public interest litigation and consumer public interest litigation.Since then,the practice of consumer public interest litigation has achieved remarkable results,and many problems have emerged And difficulties.The Fourth Plenary Session of the19 th Central Committee of the Communist Party of China emphasized the requirements for improving the relevant content of the public interest litigation system,which pointed out the direction for the development of the theory and practice of public interest litigation,and also provided a new opportunity for the development of the consumer public interest litigation system.Under the background of vigorously promoting the development of public interest litigation in the new era,the in-depth study of the consumer public interest litigation system is conducive to enriching the theoretical system of consumer public interest litigation and promoting the practical development of consumer public interest litigation,and then to promoting the modernization of national governance system and governance capacity.Through the interpretation of some typical consumption cases in the service fields of food safety,financial safety,education quality,medical health,product quality,tourism service and other service fields in recent years,as well as some consumption public interest litigation cases accepted by the court,the development history and operation status of the consumption public interest litigation system are analyzed,and we can find that the operation of the current consumption public interest litigation system mainly faces The following difficulties and problems are as follows: the contradiction between the large demand for maintaining public welfare and the low utilization rate of relief procedures,the limited qualification of the plaintiff,the poor operability of the standard of prosecution and acceptance,the unreasonable distribution of burden of proof,the unreasonable system of litigation fees,and the limitation of the scope of the judgment results.By analyzing the function and the particularity of system constitution of consumption public interest litigation,and from the perspective of game theory,system theory and national economic function,we can reflect on the difficulties and causes in the theoretical construction and judicial practice of consumer public interest litigation,so as to open up new ideas for consumptive public interest litigation system.The modernization of social governance has experienced the transformation from social management to social governance,forming a new idea of "Maintaining and improving a social governance system based on collaboration and broad participation with the goal to bring benefits to all".Consumptive public interest litigation system is a systematic project.We should consider the status and role of different subjects such as government agencies,judicial organs,social organizations and individual citizens in litigation activities and social governance from multiple perspectives,guide their positive interaction,promote the process of litigation activities.Specifically,there are three suggestions.First of all,,we should take the goal of consumer public interest litigation system as the guidance of system improvement.First,the goal of the consumer public interest litigation system is not only to protect the individual interests of consumers,but also to protect the interests of consumer groups and social public interests,and to provide the multi-party involved with the efficient realization of the interests of the game field and participate in social governance space.Second,it is clear that the subjects involved in the consumer public interest litigation system include not only the market subjects involved in production,operation and consumption,but also the social organizations representing and safeguarding the rights and interests of consumer groups,and the public authorities representing the state engaged in market supervision and law enforcement.Secondly,we should improve the procedural rules of consumer public interest litigation system.First,expand the scope of the plaintiff in consumer public interest litigation.Improve the eligibility conditions of the procuratorial organ and consumer organization in the first order;give the administrative organ the qualification of the plaintiff in the second order and set up the pre procedure to restrict;increase the citizen individual as the plaintiff in the third order,and conditionally give the citizen individual the qualification of the plaintiff to bring consumer public interest litigation.Second,it focuses on the judgment standard of Article 55 of the civil procedure law to clarify the scope of consumer public interest litigation.Third,considering the amount,influence,trial difficulty,investigation and evidence collection difficulty and other factors,optimize the level jurisdiction and regional jurisdiction rules.The fourth is that the basis of the inversion of burden of proof should not be limited to the types of goods and services,and should give full play to the role of the inversion of burden of proof.The fifth is to highlight the special setup of trial execution procedure.We should optimize the provisions of such prosecution elements as written prosecution and evidence submission,explore the establishment of a consumer protection court,adjust the system of litigation costs,reduce and remit the acceptance fees of some types of cases,expand the effectiveness of the judgment,endow the court with the right to start compulsory execution in accordance with its authority,and strictly limit the disposal rights of the plaintiff.Third,we should improve the protection mechanism of consumer public interest litigation system.One is to give full play to the role of punitive compensation mechanism and broaden its application field.The second is to establish an incentive mechanism for active participants in litigation,and to refine and clarify the incentive objects,the criteria for determining the amount of awards and the sources of awards.The third is to strengthen the protection of personal safety,privacy and property rights and interests of the plaintiff,and amend the relevant provisions in consumer public interest litigation that cannot apply for property preservation or advance execution due to the inability to provide security.The fourth is to allow lawyers to win the lawsuit and get remuneration in public interest litigation cases,and to give judges the discretion to determine the lawyer's fees in specific cases according to the principle of the lowest cost and the principle of safeguarding the public interest.