The Study Of Civil Public Interest Litigation Of Consumers

Economic society develops rapidly today, and the legal consciousness of the general public is not very high, so the phenomenon of consumer infringement often occurs, large scale consumer infringement phenomenon will occur frequently. The effect of ordinary civil procedure to solve this kind of group disputes is not obvious, even more,there is a big number of consumers’ legal rights and interests needed to protect, so a more effective procedure for the deficiency of the normal procedure should be made up. In recent years, the public interest litigation is a hot issue, many scholars have published a lot of different points of view on this issue, but mostly concentrated in the civil public interest litigation, other specific types of civil public interest litigation research is not a lot, In addition to the environmental public interest litigation. So the author choose consumers of civil public interest litigation to research. From the present status of the current legislation in China, the author put forward my own suggestions through comparative study.This thesis text is divided into three parts, there are over 27000 words.The first part, the author make a brief overview of civil public interest litigation, mainly from the basic concept, characteristics and the development of the civil public interest litigation in our country and the outside.In the second part, The author analyzes the current consumer legislative and judicial status of civil public interest litigation, and put forward the main problems, The author expounds the meaning of the civil public interest litigation ’s confirm in our country.The third part, it is the core part of the whole thesis, the author put forward some suggestions to perfect our country civil public interest litigation. The author will solve the problems raised by the second part. Combined with the characteristics of consumers in civil public interest litigation, the author put forward my own suggestions, though learning from foreign successful experience and comparative study. First of all, the author analyses the scope of the plaintiff’s subject qualification, and whether the current regulation is reasonable. Then analyze the evidence rules, and whether it is necessary to follow the traditional civil litigation evidence rules, whether it is necessary to implement "the burden of proof upside down". Third, whether it is necessary to expand the applicable scope of the judgment effectiveness. Finally, the author analysis the other procedure rules of civil public interest litigation, such as litigation types, the jurisdiction system, litigation expenses, etc.