Research Of Product Quality Public Interest Litigation

With the advancement of technology, trade has become increasingly frequent, the number and the variety of products of modern society are becoming more and more, a variety of products in a wider context of wide circulation, the spread of products is faster, to influence the daily lives of consumers Increasingly. Then the product quality disputes increased, the disputes concerned the interests of the majority, impacted socio-economic development, so the product quality disputes have public property.In the existing dispute settlement mechanisms, there are two major categories: litigation and non-litigation. non-litigation has no Compelling force. To the producers who pursues the private benefit constantly, this little binding settlement mechanism can not solve any problems, and China's traditional product quality litigation exposures The plaintiff qualifications are not perfect, the lawsuit benefit is uneconomical, the burden of proof is not balanced, and so on. Similarly, when consumers suffered against the public interest, or against the danger, citizens can not be through judicial means to safeguard the public interest.Traditional lawsuit system cannot blend together with modern product quality dissension. Therefore supplement new legal procedure, namely introduction public Interest Litigation. Product quality public welfare lawsuit is a special way to resolve disputes of product quality, with the pursuit of the concept of public welfare effects and function. In a certain sense, the plaintiff of Product quality public welfare lawsuit is not only for themselves, but also to all the victims and consumers, can stop the producer, operator's illegal activity and relevant persons responsible for the sanctions imposed. The introduction of product quality in public welfare lawsuit proceedings is conducive to market supervision and prevention, is conducive to a virtuous cycle of the economy is conducive to the protection of consumer rights. At the same time, established the product quality public welfare lawsuit in our country already to have the legal base and the reality basis.Wants to cause the general consumers to exercise the right positively through the lawsuit, attacking bad merchant, the key is the establishment of the product quality public welfare lawsuit systems. In the majority of cases, can the plaintiff propose that lawsuit decision is related to facilitate. The expand of plaintiff qualifications, the reduce of litigation expense, the onus profaned inversion, the establishment of a series of stirs up approximately the mechanism is to increase consumer's lawsuit enthusiasm.