On Consumer Group Litigation

With the rapid development of economy and the tremendous changes of the society, more and more consumer group disputes are coming up. Accordingly, as a new and effective remedy, consumer group litigation has been earning more and more attention. But the status quo of the consumer group litigation in China (the representative action) is much disappointing. Two causes can be found. On the legislative side, most rules are abstract and lack of applicability; on the judicial side, the application of representative action has met many problems in practice. For example, considering the social stability, most cases are refused by the court. Using the comparative and positive methodology, this paper makes a comparison among the three typical kinds of group litigation system in foreign countries and then puts forward some suggestions of the reformation of the group litigation system in China, according to the condition and reality in the country.Besides the introduction part and the conclusion part, the paper is divided into four parts as the following:Partâ… introduces some basic theory of group litigation system. Firstly, it analyzes the social background and then introduces the concept and characteristics of the group litigation system .Finally it summarizes its value and function.Partâ…¡makes a general review and comparison among the four typical types of the group litigation system in the world, which include American class action system, German group action system, Japanese deputy action and Chinese representative action system. Particularly, it introduces the new development of the German group action, and the experience about the American class action system and German group action system which can be drawn to improve our relative system.Partâ…¢analyzes some cases of consumer group litigation in China. And then it points out some problems existing in the current consumer group litigation and then tries to find out the underlying causes from the point of view of the legal system and the judicial policy. Thus it gives the reasons to improve the current consumer group litigation system.Partâ…£summarizes the above and then brings forward a scheme to reform the current consumer group litigation in China. First, it gives some principle as a guideline. Secondly, it puts forward some methods to improve the current representative litigation. Thirdly, it adopts the group litigation of Germany, letting the consumer association take more important roles in the settlement of consumer group dissensions. Last but not the lest, it suggests ADR system play a more active part and find multiple ways to settle the consumer group disputes.