Study On The Litigation Of Consumer Groups System In Our Country

Due to the consumer rights awareness is enhanced and individual rights of the consumers are thin, China revised the Civil Procedure Law in 2012, Article 55 formally established the consumer group litigation system, but the content of the provisions is very general, resulting difficult to apply in practice.After the generating of the system, the practice status of a case of consumer group litigation cases does not appear.This article is based on the current situation of the legislation, on the basis of the foreign consumer groups litigation,which support for our country’s consumer groups to improve the system.The consumer group litigation system is generated,developing, mature and well functioned in Germany,which has a long history in Europe, such as Germany, Holland, England, France and the European Union, especially 1993 EU directive and 1998 the EU Directive stand up a huge role in promoting the establishment and development of the consumer group litigation system in European countries.In recent years, many countries and regions in Asia also introduced the consumer group litigation system, in order to solve the prominent large-scale disputes over consumer rights, such as Japan, South Korea, mainland of China and Taiwan region of China.Why consumer group litigation system in most countries and regions has a good momentum of development? Because it has powerful function of having parties in the proceedings on the balance of power, improving litigation efficiency and saving judicial resources, a one-time settlement of the disputes to avoid repeating prosecution.It can aggregate the dispersed consumer individual power, which can effectively resist the strong position of the large enterprise group in the economic activity and realize the equilibrium litigation status.The consumer group litigation system in our country is only visible in the civil procedure law, which includes the prosecution subject and the action of the lawsuit, and it need to be improved urgently.In the consumer group litigation system development of mature countries and regions, the definition of the main body, the legislature has expressly provided for what eligibility of the right groups to enjoy the right to prosecute.In what areas can be filed as a complaint or damage compensation lawsuit, Contract Law, Consumer Protection Law,Product Quality Law, Anti Unfair Competition Law and other relevant laws and what are the regulations, these need to legislation and judicial interpretation to improve.At the same time, a consumer group litigation system, the world has two types of appeal, namely as the action and action for damages, our country whether to referring to foreign experience into action for damages. It is urgent to clear legislation.For the improvement of specific procedural rules, such as the judgment of res judicial, before litigation reconciliation pre-procedure, appeal, the cost of litigation of the bear and the amount of compensation the determination and distribution are legislation to solve the specific and urgent problem.Through the investigation of the consumer group litigation system of the foreign countries and regions, the author sums up the characteristics of the system in all countries, and combines with national conditions of our country, studying it would investigate localization or not, rooted in the bud and blossom.At the same time, with hollow without a case of the status of China’s current legislation and practice, we should draw lessons from the legislation and their own legal traditions, economic development of countries or area, concreting construction for the consumer group litigation system from the aspects of the perfection of the plaintiff, scope of application, scope of the right of action and the specific procedural rules, which plays a role in solving the large-scale consumption infringement dispute, more properly protecting the legitimate rights and interests of consumers in China.