A Study On The System Of Consumer Public Interest Litigation In China

With the developing of market economy, more and more consumers’interest was hurt day by day and can’t get protection effectively. At the same time, the social public rights consciousness improves constantly, consumer complaints increased significantly. How to provide effective rights relief channels is not only relates to the rights and interests of consumers and to the protection of public interests. In the existing civil procedure law of our country, The "Civil Procedure Law "and" Law of Protection of the Rights and Interests of the Consumers "failed to play to the role of the corresponding in this aspect, while the latest "Civil Procedural Law" provisions the public welfare lawsuit system for the first time, how to design and implement a system, however, the law does not give more rules. The article studying on public interest litigation concerning consumers rights of our country to perfect litigation system of protecting our consumer rights and interests.The full text is composed of exordium, chapter1-4and conclusion.The first chapter is summary of "an overview of the Consumer public interest litigation". This chapter introduces the origin and concept, the history of public interest litigation. Comparing to the traditional litigation of the consumer rights and benefits, the consumer public welfare lawsuit has its obvious characteristics, establish and perfect the consumer public welfare lawsuit system in our country is imperative.The second chapter,"The consumer public interest litigation case studies". This chapter has chosen three new cases.Reflects the lack of public interest litigation system and is not sound, for there is a lot of public interest litigation system with perfect establishment in fact.The third chapter," The status and fault on the protection of consumer rights in the law ". Combined with the latest legislation and social evaluation, pointed out that the development of China’s consumer public welfare lawsuit main obstacles: the eligibility theory of barriers, obstacles to burden sharing obstacles, compensation for damage calculation, litigation cost share, public interest litigation rampant litigation obstacles.The fourth chapter,"The suggestion of perfecting our country’s consumer public welfare lawsuit". The previous mentioned, the obstacle of the improvement of the corresponding suggestions are put forward. Mainly include: perfecting the burden of proof qualification system, reasonable share, perfect the compensation distribution system, reduce the public welfare lawsuit cost, prevent rampant litigation appropriately.The last part summarizes the full text.