Research On Public Interest Litigation Concerning Consumers’s Rights Of Our Country

In order to maintain socialist market economy order and protect the legitimate rights andinterests of consumers, China’s newly Amendment of Civil Procedure Law has clearlydefined public interest litigation system of consumers. This system is a major breakthrough inprivate right dispute, making a beginning of China’s civil public interest litigation system.However, due to the lack of practical experience of civil public interest litigation, adding legalarticles are excessively simple, there are many legal gaps in concrete operations in publicinterest litigation of consumers.This dissertation aiming to protect consumer rights, considering our national conditions,offers some personal suggestions and thoughts in public interest litigation system ofconsumers by comparative analysis of group litigation and class action—two typical publicinterest litigation systems.In terms of system designing, for taking characteristics of consumer dispute in China,selection of subject of lawsuit, and institution of law into account, the writer suggests to builda consumer public interest litigation based on group litigation, and give Consumers’Association litigation subject qualification. In terms of selection of action mode, owning tothe consumer public interest litigation in China is in the early stage, it suggests that we shouldfirst establish a set of " cease the infringing act " as the core of nonfeasance lawsuit system,and to be cautious about the more complicated compensation for damages system. In addition,for specific system construction, it says to start an appropriate reform of the traditionallawsuit system on the legal basis of equity and efficiency with its “public” nature. We mayintroduce an injunction system ante litem motam to conserve judicial resources and raiseefficiency of the proceedings. In the distribution of the burden of proof, it suggests an invertedburden of proof in balancing position of parties. It also suggests that we should limit theprocedure of mediation, withdrawn and counterclaims, and protect public interests, makingmore consumers benefit from expanding lawsuit scope of res judicata.