Research On Action Mechanism Settle Group Consumer Disputes

In this commercial society, the group consumption disputes caused by the quality problems of a commodity or service occurred frequently. When this kind of dispute sued to the court, its complexity and difficulty presented a great challenge for the judicial coping mechanisms of every country. To actively protect the interests of the disadvantaged groups, countries in the world are actively exploring new measures to perfect their group litigation system or exploring other forms of litigation system as alternatives. To resolve such disputes, Chinese civil procedure law stipulated the Representative Litigation procedure. But it was formulated too principle and the designation of the procedure existed great vulnerability, which caused this litigation system is quite weak on operability. In consideration of social stability, the court tend not to accept the application of group's lawsuit or deal with it in the form of divisional processing. This thesis study the procedures of several group litigations in other countries , analysis the theoretical and practical deficiencies of Representative Litigation procedure on solving the group consumption disputes of our country and proposed recommendations on the reform group consumer's litigation.Besides the introduction and the conclusion parts, the thesis divided into five parts as the following:In the first Chapter of this thesis analysis the background, characteristics of the mass consumer disputes and the special value orientation that should be considered when resolve such disputes. After that it compares four ways of settling consumer dissensions: negotiation between customer and proprietor, mediation of Consumer association, Administrative appeal and arbitration, and draw shortages of them. It concludes that litigation settlement mechanism fit the characteristics of the group dispute and have a big advantage on solve this kind of dispute.In the second and the third parts, it analysis our current solutions on group consumption disputes from the existing legal procedures and judicial practice two aspects. It summarizes a series of programming defects of the current representative lawsuit ,and analyzes the deep-seated reasons which cause the court would not apply the Representative Litigation procedure to solve group consumption disputes in practice.The fourth chapter studies three typical types of the group litigation system in the world, which include class action system, group action system, deputy action and the alternative group dispute resolution mode-test case. It sums up their respective characteristics and advantages. And considering the reality of our country ,it summarizes the beneficial experience that Chinese can take as referenceThe fifth part establishes the starting point of perfecting the programming of solve group consumption disputes. After that, it put forward specific recommendations on perfecting our representative Litigation procedure and proposal of building diversified group litigation mechanism to solve class consumer disputes on the basis of the oversea theories and the current beneficial judicial experience.