A Study On The Group Litigation Of Consumer Protection

"Consumption" has been accompanied by all around us.Recent years, with therapid development ofthe market economy and the continuous improvement of economy, the consumption has been accordinglyincreased.Meanwhile, the contradictions generated by the consumption have also been increasedenormously.Additionally, with the prosperity of our currentinformatization and enhancement of the arealassociation, the disputes of consumer groups appear frequently, moreover, there already has been atendency of expansion. However, in sharp contrast, our national consumer groups rarely use the litigationsystem.In the year of2013, a massive revision in the Civil Procedure Law has been largely carried out, inwhich the regulation of "consumer public interest litigation" make the research of consumer grouplitigation system enter into a new era. On the basis of the current settlement mechanism of consumptivedispute in community lawsuit, the article tries to explain and to analyze the consumer public interestslitigation with the method of Jurisprudentia. Exclude the conclusion; there are five parts in this article.Introduction: Pose a question. This part talks about the reasons for writing, summarizes the currentstate of research, bases on the dispute status and formulates the research framework.Part one: The current state of our disputes among consumer groups. It is different from past types ofconsumer disputes, it may have general characteristics like wide varieties and less compensation, it also hasgroup characteristics like lager numbers and complicated conditions, and meanwhile, it has certain ofrelationship. Through the description of the current consumer disputes, thus it embodies profound in theresearch value and existing significance.Part two: The current state of our protection of consumer groups litigation. There are some cases aboutconsumer disputes before, but the final ways of resolution do not adopt group litigation, but useconciliation or administrative agency interfere to solve problems. That is because the repression of judicialfreedoms and the potential impact of extensive conciliation, as well as legal provision imperfection. Theseconstrains exist at all levels, it not only make representative lawsuit system indefinitely, but also put similardiscussion in the stage of academic discussion and make no substantial progress.Part three: Relevant regulations in the Civil Procedural Law. In the year of2013, the revised Civil Procedural Law comes into effect. The regulation about public interest litigation has aroused peoplewidespread attention. This is also a focal point of the article. Although the revised law adds the publicinterest litigation, some problems are not explained clearly, such as "who is the subject of public interestlitigation","whether the procuratorial organ and administrative organ can institute legal proceedings" and"the related organization" whether include Consumer Protection Association, as well as the question "whyexclude litigants’ right of instituting legal proceedings". This makes the discussion of the group litigationabout consumer disputes face new challenges. At present, the discussion has focused on the explanation ofconcrete content in related regulations, that is the application of law and this is the way try to research inthe article.Part four: The future development of the group litigation about consumer protection. Indeed, thejurisprudential hermeneutic method can be a way to solve the problems of application of law, but it cannotbe denied that necessary legislation and system improvement are indispensable. The construction andimprovement of settlement mechanism are not accomplished in an action. It needs the cooperation ofvarious forces. Base on optimizing the dispute settlement mechanism to structure a typed system. It shouldbe a direction to develop the dispute settlement mechanism. In the end, the article puts forward some ownthoughts and prospect theory about how to perfect relevant system, in order to support the research ofsettlement mechanism about consumer group dispute. As a revised law, the regulations about public interestlitigation in Civil Procedural Law also need to be tested in the practice.