A Researchof The Protection Of Consumers’ Rights Inpublic Interest Litigation

In the game of interests of the market economy, consumer rights and interestshave been infringed upon event features different from traditional civil disputes. Theprotection of consumer rights and interests in the new period not only need to protectconsumer "private" not to be violated, also need to protect the interests of "the groupof consumer" as a starting point, this kind of right of the consumers is public interest.To truly protect the interests of consumers, we need to design a new system and newfeatures, which can make the targeted protection of the new characteristics of the newconsumer market. Finally the objective of protecting the private and the public interestof the consumers can be realized.Through literature survey, first sort out what is the "public interest" of which theconsumer public interest litigation protected. The public interest is divided into spreadinterest, collection of interest as well as the same individual interests. Then we studythe consumer lawsuit, puts forward the necessity of establishing the consumer publicinterest litigation system in our country; finally, during the fifty-fifth regulations ofthe civil procedure law, we do a research basing on the theory of third people as thesubject of litigation.Through the comparative analysis, about the United States, Japan, Brazil, France,Germany, Britain, Holland and Taiwan Province in China, we found that there arefollowing problems in the construction of the consumer public interest litigationsystem in china: first, the citizen has not become the main body qualification ofplaintiff; second, which agency can become a plaintiff is no explanation; third,which organization can become the plaintiff is still not required; fourth, the plaintiff’sclaim scope is still unknown.Finally, we try to improve the relevant provisions of the consumer public interestlitigation subject; and reference to the claim of the plaintiff perfectly; put forward thatChina’s consumer public interest litigation should be a set of "action","deprivation ofunjust enrichment claim" and "a lawsuit of compensation for damages" as one of therelief system.