Study On The Relief Mechanism Of Consumers' Group Dispute Lawsuit

Melamine milk powder claims happened in 2008 is one of the typical cases among consumer groups disputes in China, involving a number of victims up to 300 thousand people, and almost all over the country were involved in this dispute. Most of the victims received the compensation standard constituted by the Department of Health while there are still a part of the victims who wish to seek relief through litigation because the compensation standard set down by the enterprises is too mechanical. Case exposed a lot of problems, such as victims seek relief through litigation and the high cost of litigation experience the enthusiasm of counsel are not high difficulty; accept the jurisdiction of the Court of groups in litigation is not clear; poor communication between the courts. Judicial practice problems always associated with China's current legal deficiencies in the system is closely related to civil litigation law representative group of our litigation system, but the representative of the litigation system, there are still room for continuous improvement, for example, bring lawsuit costs of litigation costs are still charged at the standard applicable to ordinary civil litigation, the exclusive representative of our law has not yet developed the standard cost of litigation proceedings; representative of civil law rights are limited, though representative of abuse of rights can prevent , but not conducive to the representative of the interests of the entire group to conduct litigation; counsel disputes group to be listed as prohibited by law risks the ranks of agents, lawyers and thus not conducive to being an agent of positive benefits for litigation activities; group litigation has Unlike many characteristics of ordinary civil litigation, but in the filing and jurisdiction, the representative action is still applicable and the jurisdiction of ordinary civil filing system, which exposed in the judicial practice many of the problems. The author of improving the consumer group litigation relief mechanism put forward their own ideas, such as litigation costs for the representative, the establishment of representative litigation fee waiver mechanism and the representative of the compensation mechanisms to bring representative litigation case acceptance fee into the ranks of relief to address concerns about the cost of litigation representative; given the right to representative parties, representative of the party itself, to give more representative of the substantive rights, to help more fully representative as being representative of the interests of the participating litigation activities; for counsel disputes group not enthusiastic about the issue, may be appropriate to relax the standards on the legal restrictions on agency fees charged to address the interests of consumer groups, lawyers for the general running of the dynamic problems; in the filing and jurisdictional aspects, to develop a separate application lawsuit filing conditions of admissibility and the court not to file a relief mechanism, establishing the principle of jurisdiction in the Court system and the level of the jurisdiction of the geographical jurisdiction of alternative systems; for poor communication between the courts around the drawbacks of the proposed establishment of national information sharing mechanism within the Court, thus facilitating timely information between the various courts in other court cases related to the filing and hearing cases.