Study On The Group Litigation Of Consumers

Facing the current frequent group litigation of consumer, our representative lawsuit system difficult to complete the target of litigation economy when system is established, even gradually become one kind of system "decoration". Careful study shows that the main reason including operability is not strong, functional limitations and the influence in practice by judicial policy. Meanwhile, in recent years the public interest lawsuit and the subject status of consumers' association are discussed fiercely, especially the state administration of industry and commerce endow legal consumers' association with the subject status in the public interest lawsuit. Based on the dilemmas our group litigation of consumer are facing, using comparative analysis and empirical analysis method, in examining the exile several groups litigation system type of basis, combining with our own national conditions and realities, the article carefully choose and demonstrates the group litigation mode which should be introduced and put forward one's own idea about the construction of specific procedures.This paper is about 28000 words consisting of the following four parts apart from the introduction.The first part is the summary of group litigation of consumer. Firstly, it analyzes the social background and characteristics of the group litigation of consumer. Then, with the comparative study between group litigation of consumer and public interest action system, it points out that group litigation of consumer should adhere to the concept of public interest in group dispute resolution and system construction. Finally, it discuss the dilemmas group litigation of consumer are facing in theory and practice level, and review our lawsuit mechanisms especially representative lawsuit.The second part put attention to the several typical group litigation systems including American class action, Germany verbandsklage , Taiwan selective lawsuit system and group lawsuit. Considering of the diversity in the development of the three systems and the different significance for China to treat the three systems, it analyses with dissimilar emphasis on the three, then gets several conclusions. Firstly, class action benefits the realization of public interests, however, it has a deep relationship with the social circumstance in America, and it exists theory defects which hard to overcome. Secondly, the selective litigation is not helpful to exert the social function of group litigation. Thirdly, the group litigation in Germany pays concentrate attention to the public interest, and it fits with the demand of The Times well that China urgently need to cultivate civil society and the third society. So it t provides a special path to settle group dispute of consumers.The third part talks about the selection of our group litigation of consumer, and discuss the basis of introducing group litigation from several aspects. Firstly, it analyzes the advantage of verbandsklage in comparison with class action and selective lawsuit system in the litigation procedure, function orientation, litigation economy aspects. Secondly, the paper discuss the cultural and realistic bases of constructing group litigation in China, which including the Chinese traditional ideas that resolve disputes through the organization, the development direction of the legislative idea, expanding consumer community as well as some similar legislation and practice experience. Finally, verbandsklage the consumers' association starts is lawsuit manner that social organizations to participate in social governance, which is the intrinsic request of social organizations to participate in social governance.The last Chapter summarizes the above and then brings forward five aspects to make the Chinese verbandsklage system of consumers which including the plaintiff's establishment, lawsuit type, ruling validity, litigation cost and consumer litigation fund, the incentive-restricted mechanism.