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Research On Consumer Group Litigation System

Posted on:2014-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z YanFull Text:PDF
GTID:2176330434970360Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China’s economy has developed rapidly since the policy of reform and opening up has been taken. Meanwhile people’s living standard has improved a lot, purchasing power has strengthened and consumer demand has kept growing increasingly as well. At the same time, the problem of consumers’ legitimate rights being violated is becoming more and more outstanding, especially the same mis-action happening to consumers takes place over and over, which has aroused extensive attention in society. Article55of Civil Procedural Law, revised in2012, makes it clear that authorities and related organizations have right to take a legal action when the legitimate interest of the public is violated, such as environmental pollution and violation of consumers’legitimate rights. This rule officially establishes the system of public interest litigation, providing the litigation of consumer groups with legal ground. However, it is too general in content, and related regulations are not complete so that it makes little sense in practice for the litigation of consumer groups. Based on current situation at home and examples at abroad, the thesis makes a proposal to build the system of the litigation of consumer groups in China.The thesis consists of four chapters except the introduction and conclusion.The first chapter introduces the concept and characteristic of the litigation of consumer groups, stating the property of the system and summarizing the function of it. Then, the thesis reaches a basic understanding of the system.The second chapter analyses the litigation of consumer groups at abroad by comparing, introducing general situations and concrete systems in Germany, Japanese and Taiwan region respectively, which provides reference for China to build and complete the system of the litigation of consumer groups. The third chapter describes the current situation of the litigation of consumer groups from aspects of organization, legislation and practice, indicating the current bottleneck and prospective tendency of consumer organizations in China, demonstrating the vagueness of Civil Procedural Law, imperfection of related regulations and explaining the reasons for not being practical in practice.The fourth chapter comes up with suggestions to build the litigation of consumer groups in China from the perspectives of legislation and concrete institution, connecting with the survey at abroad and current situation at home.
Keywords/Search Tags:the litigation of consumer groups, public interestlitigation, consumer protection, consumer groups
PDF Full Text Request
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