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

The first part discusses the interests of consumers of public interest litigation conceptual problems from a theoretical perspective. Firstly, the social background of the interests of consumers in our public interest litigation generated. Then explain the connotation and characteristics of consumers’ interests Public Interest Litigation.The second part of a detailed study to establish the interests of consumers on the basis of public interest litigation, consumer rights to explore building public interest litigation significance. Which, on the basis of both theoretical and practical foundation in two ways. Among them, about the theoretical basis of the right to appeal mainly discussed the theory, the theory of popular sovereignty and the development of two angles.The third part is a comparative study of consumer rights law public interest litigation. The main consumer group litigation system introduced American, British prosecutors litigation system, consumer groups litigation system in Germany and Japan selected consumer representative action system, a variety of public interest litigation mechanisms to protect consumer interests above policies, programs and practical utility analysis. In the introduction, based on national circumstances, to compare summary for China to build consumer rights public interest litigation system for reference.The fourth part analyzes the status quo of China’s public interest litigation in the interests of consumers, citing the relevant typical case, analysis of the current interests of consumers in terms of the existence of public interest litigation related laws, regulations and legislative system needs to be further improved, independence of the judiciary and credibility to be further enhanced, legal knowledge and practical accumulation are the subject of proceedings pending further enhance the public interest litigation against the interests of consumers of knowledge and understanding of other practical issues to be further improved.The fifth part of consumer rights enumerated public interest litigation system to build the more important issues: the plaintiff qualification, the burden of the cost of litigation, the burden of proof allocation of responsibilities, compensation for damage to the feasibility of the complaint, the interests of public interest litigation on consumer behavior incentive and constraint issues, special trial system of consumer rights and other public interest litigation. Construction of consumer rights on public interest litigation put forward the corresponding feasibility proposal.