The Research On Legal Question About The Participation Of Consumers’ Association In Public Interest Litigation

Public interest litigation system was introduced in Chinese legislation in2012, provided inConsumer Protection Law of the PRC. This system, shows the progress of Chinesenomocracy. Currently, however, the related provisions of law are too simple, public interestlitigation function expected in the field of consumption will not work effectively. Accordingto the analysis in the thesis, there are three aspects of issues urgent need to be addressed:scope of consumers’ association in public interest litigation; system of damage compensation;system of benefit allocation on litigation.The newly revised Consumer Protection Law of the PRC has explicitly granted consumers’association availability as the plaintiff in public interest litigation, while provision in thearticles only allows that cases involving “multiple consumers” can be intervened. This isinevitably indistinct, making us difficult to do definite judgments, and therefore necessarilyneeds refinements. Damage compensation system, especially punitive compensation system,is established on the basis of that public consuming interest litigation system has dualfunction of consumer rights protection and unlawful act punishment to rectify the order ofcommerce. However, because of its character of severity, the system must be strictlyunderway on application and amount according to related law provision, yet which has so fargot none. Benefit allocation on litigation is directly concerned with the protection ofconsumers’ rights and interests. Consumers’ Association is not the direct one beneficiallyimpaired but the plaintiff of the litigation. How to let those consumers share litigatingbenefits to recover their losses while winning the lawsuit is the vital content in publicconsuming interest litigation.Against the above issues, Practice-based learning in the relevant countries and regions overthe extraterritorial, throw out suggestions about build and improve system. Firstly, explainedby the legislative or judicial consumer associations own constitution to determine the scopeabout Consumer associations involved in spending public interest litigation. Secondly,establish system about consumer interest litigation. Under the premise of fully weigh thepros and cons of the system of punitive damages and the application of punitive damagesregime of strict restrictions. Thirdly, establish litigation benefit distribution system. By courtintervention, announcements registration procedures, special litigation fund and incentivemechanisms clear vested interest litigation.