Study On The Consumer Public Welfare Lawsuit System

With the continuous development of society and the increasing economic exchanges, alarge number of violations of consumer rights and interests frequently occur, not onlyspecific consumers are violated, but also the huge number is uncertain，the scattereddistribution and involving a wide range. The subject of litigation in China’s traditionallitigation system is not perfect and the issues such as the unreasonable cost-sharing oflitigation makes no complaints, unwilling to complain, not dare to complain, noapproach to complain, etc., resulting in that China’s judicial protection of consumerrights is not enough and even appears some of the gaps. In this consumptionenvironment, the consumers call for new ways of dispute settlement to protect the rightsand interests of consumers, maintain the market stability and regulate the managementbehavior of operators, therefore, it is urgent to establish effective consumption publicinterest litigation in our country. For the construction of the consumption public interestlitigation, we must take into account the concept of fairness and efficiency of the rule oflaw, make certain the public property of consumption disputes, as to the plaintiffqualification, litigation costs and other in the traditional litigation, appropriaterevolutions should make, to build a scientific and rational consumption public interestlitigation. The paper is divided into five parts; the first part reveals the shortcomings oftraditional litigation modes in resolving the large consumption welfare cases. Thesecond part discusses the concept, features and functions of consumption public interestlitigation system from a theoretical point, and at the same time, analyzes thesignificance of the consumer public interest litigation system, thereby demonstrating thefeasibility and rationality of the consumption public interest litigation. The paper isdivided into five parts, the first part reveals the shortcomings of traditional litigationmodes in resolving the large consumption welfare cases. The second part discusses theconcept, features and functions of consumption public interest litigation system from atheoretical point, and at the same time, analyzes the significance of the consumer publicinterest litigation system, thereby demonstrating the feasibility and rationality of theconsumption public interest litigation. In the fourth part, the consumption public interestlitigation of two countries with the typical law system are compared to study further, itmainly introduces the American consumer group litigation and consumer groupslitigation in Germany, by comparing the pattern and idea of two legal consumption public interest litigation system to provide a reference for our country to buildconsumption public interest litigation system.The fifth part is the focus of this article,the countermeasures are respectively put forward aiming at the defects andshortcomings existing in the consumption public interest litigation, including soundplaintiff qualification system, the improvement of the incentive mechanism, theexpansion of res judicator, etc. In order to establish the consumption public interestlitigation system coordinated with the traditional lawsuit mode to promote theimprovement of China’s consumption public interest litigation, and thus can protect thelegitimate rights and interests of consumers better.