Research On Consumer Public Interest Litigation System

In recent years, with the rapid development of China’s economy, Economic exchanges between consumers and producers have become increasingly frequent, At the same time, there are more and more cases of infringement of the consumers’ rights and interests, especially against the interests of many consumers. for example, the Sanlu Milk Powder Event, Wuxi Consumer Council v. Wuxi hot pot shop case, Deng Weijie v. Bank of communications, industrial and Commercial Bank of China, construction bank and China UnionPay, Zhengzhou railway branch bureau of the toilet charges, KFC "tonyred" incident, and so on. In order to solve this kind of cases that infringement consumers’ legitimate rights and interests, Consumer Rights Protection Act was revised in 2014 has established a new mode of litigation, that is public interest litigation. In China, public interest litigation is a new kind of litigation mode, Chinese scholars actively study the foreign public interest litigation system, take the essence and discard the dross, and combined with the actual situation of our country, set up more to improve our system of public interest litigation.January 1, 2013, The formal implementation of the new civil procedure law in our country is a major breakthrough in the field of public interest litigation. This was the first time to define the public interest litigation, the public interest litigation there must be laws for people to follow. But the legislation has only made the principle of regulation, for many of the details of the problem is not involved. March 15, 2014 formal implementation of the new consumer protection law binds in the forty-seventh: Consumers’ associations, which infringe upon the lawful rights and interests of a large number of consumers, as well as the consumer associations established in the provinces, autonomous regions and municipalities directly under the central government, may bring a lawsuit to the people’s court. This provision is in the field of consumption of the new civil procedure law on the further refinement of public interest litigation. Although only the provisions related to the problem of public interest litigation, but the legislation can be said to have been a great progress in the legislation to safeguard the legitimate rights and interests of consumers, and standardize the behavior of business operators, and promoting the sound development of the market economy plays a significant role in.Since the provisions of the consumer public interest litigation system in our country has just set up soon, is still in the stage of incomplete, only simple definition and the subject of action provides for the principle of, search through the current legislation of our country, in addition to the two article belongs to the content of the public interest litigation in the new code of civil procedure and new consumer rights and interests protection law, no other information about the public welfare lawsuit. In these two provisions, only the forty-seventh of the consumer protection law can be applied to the judicial practice. In addition, China’s consumer public interest litigation and no other practical basis, public interest litigation in order to get a good run is still difficult. Many scholars in our country are to the consumer public welfare lawsuit were a lot of research, compared with Chinese and foreign consumer public interest litigation system more perfect, such as the United States, Germany, Japan and other developed countries. The foreign consumer public interest litigation system studies the improvement of the consumer public welfare lawsuit system in our country have very good referenceThis paper adopts literature research method, empirical research method, comparative study method on the theory and practice of combining research analysis method, pay attention to theoretical analysis at the same time, in recent years the consumer public welfare lawsuit case investigation and analysis, to understand the progress of the case and the final solution. It is concluded that the development of China’s consumer public interest litigation in recent years. Through the comparison of other foreign regions and countries in terms of consumer public interest litigation laws and regulations, summing up the experience, combined with China’s actual study in improving the consumer public welfare lawsuit system in our country.