The Study On The Mode Of Mass Consumer Litigation

Modern society is a consumer society, consumption of economic development today, people’s consumption patterns, consumer behavior and consumer species become increasingly complex and diverse, followed by, a variety of consumer disputes continue to occur, the frequency and scale of consumers’interests damaged are expanding. Our existing civil mechanisms can not solve these disputes, such as a typical common litigation system-representative, in protecting consumer and resolving mass consumer disputes there are many deficiencies:Requiring the rights to the court registration, then participate in the proceedings is lack of feasibility, mainly in representative litigation, which number uncertain on pre-indictment, the verdict is also for the after eligible prosecution, leading to the representative suing is lack of incentives, the first complaint and the parties to wait for others to question their own ride. In addition, the exercise of the right legal representative, there are many obstacles. With the damage to the interests of consumers is increasingly frequent, the limitations of Lawsuit about consumer harm has become increasingly evident. Damage of mass consumption, relief may be not limited to, in fact, it can not be confined to a form of representative litigation. Overall, our existing forms of civil litigation, the individual litigations of the interests damaged were intended to achieve a single relief. However, the joint action-the representative action as typical, in essence, it is only a mechanical superposition of single actions, practice shows that such form litigation, in protection the rights of consumers, especially in prevention, relief and stop mass consumption injury incident is powerless. In this paper, with studying of the history and current status of the Consumers’ Association, the only consumer group, and with the practice of mass consumer litigation, that give the Consumers’ Association the right to implement action, to bring mass consumer litigation would be very desirable.Europe and America, first development of market economy, their mass consumer dispute resolution mechanisms were developed earlier than us and more perfect. The U.S. class action, Japan and Taiwan of China selected the party system, Germany group litigation are typical representatives, many systems provide can give us inspiration, and are worth learning for improving China’s legal system.With the development of group litigation theory and practice in many nations, litigation take-on theory has been used to explain that group obtains the right to sue-that if group is die richtige Partei. Assume no-legal litigation take-on theory to explain the legal status of consumer groups, let the consumer association have to the lawsuit implementation right, which was belonged consumers owned entity claims, the consumer association prosecutes for Consumers, their interests were damaged, and the verdict borne by all consumers, which theory has a certain persuasive. This end, there are a number of my own suggestions on the establishment and practice of the system.