Study On The Public Interest Litigation Of The Consumers' Rights

Commodity economy is not very developed at the present time of our country. So the event harming the consumer's rights and interests is happening repeatedly, and even has the increasingly fierce potential. Especially there are many kinds of monopolies harming the consumer's rights and interests just like administrative monopoly, profession monopoly, efficient monopoly, and so on. In our country the main body system is not perfect, the onus probandi is unbalanced, the litigation expense bears unreasonable, all of this causes nobody to sue, not to be willing to sue, not to dare to sue, and to be unable to sue, causes the judicature protection to the consumer rights and interests to be insufficient, and even presents some vacuums. We must give dual attention to fair and benefit by law idea, be clear about the expense dispute's public welfare attribute, and make some suitable transformation to the traditional lawsuit including plaintiff qualifications, the litigation expense, the onus probandi and so on to construct the science reasonable consumer rights and interests public welfare lawsuit system.There are four parts about the paper, and I will elaborate it from the aspects "the general theory and system research about the consumer public welfare lawsuit" "comparison among the western country's universal procedure and the enlightenment to our country for establishing the consumer rights and interests protection public welfare lawsuit system" "Our country's present situation and significance of establishing public welfare lawsuit pattern" "some tentative plans for constructsing our country's consumer public welfare lawsuit system" and so on.At the first part, I discussed the conceptive and the institutional question about the consumer public welfare lawsuit from the theory angle. First I analyzed the connotation and the characteristic of the consumer public welfare lawsuit. Then elaborated that the consumer public welfare lawsuit system manifest three legal regime's core value of fair, the order and the free. Finally, elaborated the basis of establishing the consumer public welfare lawsuit system including rationale, legal basis and realistic foundation three aspects. And, mainly carries on the elaboration about the rationale from two of the people's sovereignty theory and the civil action teleology; the legal basis is seeking for the correlation theories support from the constitution and other department law. The realistic foundation enumerated certain lawsuit broking through the blank of the civil procedure law related public welfare lawsuit stipulation and indicated the consumer public welfare lawsuit system's feasibility and the rationality.The second part is the comparison research to the consumer public welfare lawsuit system. Introduced US's consumer group lawsuit system, Britain's offense reporter lawsuit system, Germany's consumer association lawsuit system as well as Japan's consumers designate the representative lawsuit system mainly, and analyzed above each public welfare lawsuit mechanism to the consumer rights and interests protection policy, the program as well as the actual utility. On the basis of introducing the situations of the different countries, made some comparison and summary, provided some reference for constructing the consumer public welfare lawsuit system for our country.At the third part, I did some research on how to coordinate with our country's tradition lawsuit to establish our country's consumer public welfare lawsuit system. First I did some research on our county's present situation, analyzed the situation of harming the consumer rights and interests in our country, especially the monopoly forms. The several lawsuit systems' limitation on protecting consumer's public welfare aspects made it to be limited to the consumer public welfare protective function. Second narrated theory barrier for establishing the consumer public welfare lawsuit system, including the litigant suitable standard's theory barrier, already sentences the strength the theory barrier and so on. Finally I elaborated the necessity and the feasibility of establishing the consumer public welfare lawsuit system.At the fourth part, I proposed the concrete plan for the question, including: Plaintiff qualifications' establishment, Litigation expense's burden, Onus probandi assignment and scope, Incentive system's hypothesis and Preventing system design which the right of suit abuses etc, and I hope that this can do some benefit to our country's consumer public welfare lawsuit system's establishment and consummation, and safeguard consumer's rights and interests better.