The Construction Of The Theory Of Consumer Group Lawsuit System In Our Country

Today, China is in the age of social transformation and economic globalization; we absorb the advanced culture of mankind, and integrate into the community of the world-famous. At the same time, we saddled with the mission of heritage long tradition and unfinished modernization. Because of the different interests, missing regulation, resource shortage, lack of social security and moral anomie, Chinese are in the trouble of social conflicts and interests dispute puzzle, in which the consumer groups dispute the multiple is become the social sensitive problems. when the consumer rights violations occurred, it must be relate to large number of consumers, who distribute of a wide range of subjects, as well as the total amount of huge loss. But look from the daily life and the production practice of association, consumers often are in a relatively disadvantaged position. When they want to protect their legitimate rights and interests, they often have to face a lot of difficulties. The mainly reason is the consumer litigations are all "small majority" litigation, and each action takes a certain cost. If bring a separate lawsuit, victimized consumers generally consider litigation cost risks and give up the litigation. If you choose to set the representative system in our own civil procedure law, you can not make this system play its role in applications because of the judge ignorance and more inherent defects in system itself. This article attempts to introduce consumer group lawsuit system in the original law system, using the law to deter producers and sellers, to protect the legitimate rights and interests of consumers.The first part describes the possess of development, characteristics advantages and disadvantages of grope litigation system and consumer grope litigation system in Germany, France, Netherlands, Japan, Korea and other countries. From this introduction of the system of other countries, we can understand the whole story of this system and analysis whether the system is match for China’s legal system.The second part analyzes the present phenomenon of consumer infringement, the application of litigation representative system, as well as the difficulty of introducing American-style class litigation system. From these we can see china a need to introduce consumer group litigation system to resolve violations of consumers. Because of the development of related system in extra-territorial and the practice of action copyright gropes, the consumer gropes is feasibility in our country.The third part specifically discussed how to build a consumer group litigation system in the social system and legal framework. Including the remodeling litigation status of the Consumer Association, the limiting condition of bring litigation, the compensation, the expansion of the judgment effectiveness, the consumers grope litigation appeal, as well as with other litigations coordination.