The Study Of Commonweal Litigation System Of Consumer Rights And Benefits

Only in the country that founded the perfect commonweal litigation system of the consumer rights and benefits,consumer's common benefits could obtain the practical maintenance,then people's universal expense rights and benefits could obtain real realization and a perfect legal framework that consumer rights and benefits are protected could build.Building a perfect commonweal litigation system of the consumer rights and benefits has very great significance.This article explores related question about the commonweal litigation system of the consumer rights and benefits,wish to have the enlightenment to our country's legislation and the practice of consumer rights and interests protection.This article contains three parts:introduction,body and conclusion,the body is divided into four chapters:In Part 1.It focuses on the basic theory of the commonweal litigation of the consumer rights and benefits.It explains the concept and historical evolution of the commonweal litigation,the meaning and characteristics of the commonweal litigation of the consumer rights and benefits,and the legal basis and economic analysis of the system.Comparing to the traditional litigation of the consumer rights and benefits,the commonweal litigation of the consumer rights and benefits has its unique characteristics ,and it has economic effectiveness.In Part 2.It focuses on the necessity of setting up the commonweal litigation system of the consumer rights and benefits.Fist it points out the problem that the current litigation system of consumer rights and benefits has:litigant system has defect, litigation does not benefit in economy,the responsibility of affording proof is not reasonable.Finally it analyze the necessity of setting up the commonweal litigation system of the consumer rights and benefits:the need to protect consumers' common benefits,make up for lack of litigation relief,stop further acts of infringement to the consumers' benefits,and so on.In Part 3.It focuses on the consumer group litigation of the United States and the consumer organisation litigation of Germany.It tries to analyze the possibility of learn from the two countries and the system that need to retain and perfec for China.In Part 4.It focuses on the feasibility of building the commonweal litigation system of the consumer rights and benefits in China,and introduces several points:building a perfect litigant system,sharing the responsibility of affording proof reasonably ,reducing the cost of litigation,setting up litigation encouraging mechanism, extending the statute of limitation,and so on.With a view to promoting the proceedings of setting up commonweal litigation system of the consumer rights and benefits in China.