On The Private Implementation Of Consumer Protection Law In China

The private enforcement means individuals or organizations on the basis of non-public in accordance with the rights conferred by law, supervising, prosecuting violations. With the Development of society,more and more problem have be found when consumers protect the legitimate rights and interests. We should promote、encourage private person to participate in the action of protection rights. At present,we have taken a series of measures such of Consumer protection association have be given the qualification of plaintiff to take the public lawsuit and so on,but this is not enough.The development of private enforcement is restricted by some reasons, fear of litigation the system is not perfect and so on.If we want to perfect the system,we must solve the problems. Although private enforcement is incentive, but it can not only motivate without limiting, we should take measures,such as improve the standard of proof.The consumer class action is a typical way of private enforcement, and it also has the disadvantages. When we using the consumer class action,we should improve it according to the public merit, such as preserving the provisions about registration institution and force of res institution. By analyzing the group litigation of the existing defects in our country, combining the development path, puts forward perfect opinions to China consumer action. We should establish Consumer Protection Law enforcement mechanism coordinating public enforcement with private enforcement.