Research On Our Civil Public Interest Litigation Concerning Consumers’ Rights

At times of ancient Rome, the concept of "public interest litigation" has been proposed. And the modern theory of "public interest litigation" is put forward by Chase who is from America. In our country’s legal regulation, public interest litigation is referring to the litigation that put by the relevant state organs, organizations and individuals, in order to protect the public interest in the proceedings. And the consumer public interest litigation refers to the lawsuit that is filed by the plaintiff as main body of the qualifications in order to protect consumers’ legal rights and interests, according to the laws and regulations. The rights and interests of consumers belongs to the scope of public interests. Protecting the interests of the consumers needs to improve the substantive law, at the same time also needs to have matching algorithm. In terms of entity of law, both the Constitution and the Laws Concerning Protecting Consumers’ Rights and Interests protection of our country make clear rules on the protection of the consumers, which are mostly in the general form, and the concrete application of consumers’ protection aspect seems to be some lag. As is known to all, consumer lawsuit has its particularity, for example, the number of general comparison is numerous, which normally involves a wide range, and economic power asymmetry of consumer and producer. The presence of these particularity determines that the traditional litigation procedure is not adapt to protecting consumers’ rights and interests, so to be no in effect. While consumers’ public interest continuously facing bad situation, our country also pays more and more attention to protect the public interests of consumers. Academic research into the consumer public welfare lawsuit system in our country has been an important and long topic, and experts have called for establishing and perfecting our own public interest litigation system as soon as possible. finally in 2013, our country in the new revision of the Civil Procedure Law, the provisions of the law of public interest litigation system has carried on the summary. However, the relevant supporting program has no details. The article 55 in the 2013 revision of civil procedural law has been clear about the consumer public interest litigation clearly. And the system belongs to a new legal system in our country,therefore it is not perfect in many ways, such as the question of consumer public interest litigation plaintiff qualification, the question of consumer public interest litigation and the scope of accepting cases, the question of jurisdiction of the consumer public welfare lawsuit and burden of proof of the consumer public interest litigation, which makes the system used in the actual life hardly. So this paper will research the some problems which exist in the consumer public welfare lawsuit.