Study Of Public Interest Litigation Legal System In The Interests Of Consumers

The traditional consumer litigation of our country exposes that the qualifications of plaintiff is not sound; the litigation benefit is uneconomical ; onus probandi is not balanced and so on. Thus, when the public benefit of consumer suffers from infringing or having the possibility of infringement, the citizen can't make use of the judicial means to support this public benefit. Seeing from the realistic circumstance of our country, on the one hand, various infringements happening to the consumer is more and more multifarious and serious. On the other hand, the contents of protecting consumer rights in the modern civil law does not went with the traditional civil action system , which goes against the protection of consumer. Introduction expounds the above problems, meanwhile it also educes the topic contents of the treatise.First, summarizing the commonweal litigation of the consumer rights and benefits .Commonweal litigation of the consumer rights and benefits is the system that when there have been behaviors which infringe the benefits of the uncertain consumer colony and illegal management behaviors which endanger the society obviously, the law allows individuals or organizations for protecting the public benefits of consumer actively carrying on the judicatory pursue .Building up the commonweal litigation system has very important meanings, but is doable building up it in our country ?only making use of the economic analytical methods of Posner who is a famous scholar , analyzing and investigating from the function of the litigation cost and ordonnance of the litigation resources, it is not difficult discovered that the commonweal litigation is a kind of the" low cost, efficiently benefit" way of maintenance of commonweal under the condition of modern market economy, and it can carry out scale economy benefits of the litigationMoreover, From the realistic condition of protecting consumer rights and benefits litigation in our country the existent problems of the current protecting consumer rights and benefits litigation and the substantial analysis of limitation of the protecting consumer rights and benefits litigation mechanism . the handicaps of building up the commonweal litigation system of the consumer rights and benefits in our country is analyzed.The Taiwanese region of our country drawing lessons from the advanced experience of the west nations builds up the small sum litigation, selection of the party litigation, the group litigation and the civil public prosecution system and forms the judicatory protection system which the consumers, consumer protection groups and governments together participate in order to maintain the litigation of the consumer rights...