Research On The Litigation Qualification Of Consumer Groups

With the development of China's economy, the disputes of consumer groups have come into being, the lawsuits of which have caused public concern. However, the consumer groups'disputes cannot be effectively solved by the current system of joint action and representative action. In this paper, based on the study of the solving systems of consumer groups disputes both in abroad and Taiwan and combined with the reality of China's mainland, the assumption of entailing the consumer groups with litigation qualification was put forward.There are five sections in this thesis except the introduction and conclusion. Following is a brief introduction to them.First, the present situation and characteristics of consumer groups'disputes are introduced in detail.Second, the current solutions to consumer groups'disputes are studied. Roughly, such solutions can be classified as litigation and non-litigation so as to demonstrate the advantages and disadvantages respectively. The litigation system for solving the consumer groups gives a detailed description and analysis.Third, the sources of consumer groups are mainly analyzed, intending to prove the theoretical basis of entailing the consumer groups with litigation qualification.Fourth, the Litigation Qualification of consumer groups is analyzed in view of comparative law. Detailed analysis of the U.S. mass action mechanism, the German group litigation mechanisms as well as in Japan and Taiwan are shown so as to provide the reason and theoretical basis of entailing the consumer groups with litigation qualification.Fifth, the litigation feasibility of entailing the consumer groups with litigation qualification under the current situation in China is studied. The feasibility is firstly elaborated. Then the disadvantage and relief of entailing the consumer groups with litigation qualification are analyzed, with the hope of noticing the shortcomings and taking effective measures foe prevention when entailing the consumer groups with litigation qualification.