The Revision And Change On The Redress Mechanisms Of Dispute Concerning Consumer

The quantity of dispute concerning consumers is becoming larger in free economy. Under the pressure the legislative is obliged to make relative rules in order to resolve relative disputes swarmed into courts. However, with the increasing development of free economy, dispute concerning consumers is variable, and the scope of consumes is begin to enlarge, at the same time, the lag in legislative appear. In this case, scholars' explain about the concept of consuming, range, consumers' rights and obligation is necessary when the dispute need to be resolved. However, scholars always pay much attention to build and shape the systems of rights of consumers, neglecting the systems of redress in practice, to some degree, its revision and change. Based on the consciousness, we need to make response to the question above and carry out the revision and change about relative systems.This paper contained 30,000 words, and is composed of preface, main body, as following.The main body contains seven parts.The first part is the review and query about dispute concerning consumers. On the one hand, the action of legislation is utilitarian in China. This leads to mistiness and lag in law. On the other hand, study about law focuses on the rights in substantial law, and seldom care about redress. The research is important for revising and building the systems of consumers' rights, but its limitation is that the characteristics of dispute concerning consumers are neglected in practice, especially the civil procedure. It is hard to innovate on the theory and the relative systems because of the research above. Therefore, the characteristics of consuming are the start point.The second part is the characteristics of consuming. Its characteristics are diffuse, collective, homogeneous, low-value claims. The four characteristics are due to the structure of free economy. The principle of autonomy in private law and to assign contract freely is established in free economy. The participants are equal to decide communication in free economy. However, consumers are always weak in the relationship of contract, because consumers are lack of intelligent factor and money. The information between consumers and businesspeople is not equal. Businesspeople take advantage over communication with formal contract. Consumers have no choice because the goods are indispensable. The structure needs to be rectified by rational factor. It is that civil procedure.The third part reviewed the development and change of dispute concerning consumers in macroscopical and microcosmic perspective. Collective redress mechanism would become the very trend in view of maroscopical perspective. In microcosmic perspective, group dispute concerning consumers can not be resolved in collective redress mechanism out of court. Therefore, the suggestion of amending and changing collective redress mechanism offered in this paper.The fourth part is about the situation of mass claims concerning consumers in China. In China, no chaos in society is the policy about mass claims concerning consumers. Therefore, the procedure about mass claims is seldom enforced in 21st century. This is responsive to the passive justice policy which leads to different model in different courts. Some courts institute a few rules about mass claims, while others resolve dispute cooperating with the committee of Party, or evade mass claims. These courts in common do not consider relative jurisprudence but the effect on society. This leads to the opposite way to rule of law. In this case, scholars and judge do not include the experience with Multiple Representative Procedure and ignore the problems. Therefore, theory can not be renovated and relative systems can not be changed.The fifth part is about the problems and way to resolve mass claims about dispute concerning consumers. First and foremost is the justice policy. The policy applied with few mass claims is established by the Supreme Court and is the same with all mass claims. The policy is not applicable to reality and should be changed into different policy to different dispute.The sixth part is the recent new theory and its enlightenment on group litigation in foreign countries. In two law family, not only group litigation and interests concerning member of group were researched, but the proceedings were built according to their tradition in law. They both recognized dispute concerning interests should be protected by justice. Therefore, rights are defined by scholars according to standing. Furthermore, the collective right being coined by scholars is recognized by litigation, then, the relative systems are to be established. However, the differences between two law families are distinct. For example, the intention of action, the spread of enforcement of verdict, the distribution of fee, traditional concept, suit culture. The idea of change is decided by the differences and intercommunity.The seventh part is the thought about group litigation concerning consumers. The comparability lies in china dispute concerning consumers and foreign countries. However, the systems of mass claim lag behind due to two aspects. On one hand, the discussion on mass claim delayed, besides, it is lack of experiences in the concept of mass claim, the function of mass claim, the way to deal with mass claim in court, especially the Supreme Court. On the other hand, the systems can not be innovated.The lingering talk suggests dispute concerning consumers can not be researched widely because of its practice, and summarized the reasonable ways to build redress and its prospect.