On The Legal Issues Of Consumer Association’s Public Interest Actions In China

The newly revised "Consumer Protection Act" regulate many innovation, especially article 47 establish consumer public interest actions. Consumer public interest actions can change consumer information asymmetry phenomenon, effective to protect consumers and prevent illegal behavior, make up for the deficiency of the administrative enforcement. According to the provisions of the new Act, the people who can starting consumer public interest actions is consumers association. The provisions of the law in fact confirmed the consumers association of public interest actions in our country legal system, the consumers association is the subject of the consumer public interest actions, plays an important role in the consumer public interest actions. The consumer public interest actions can strengthen consumer association to protect consumers. But consumer public interest actions need to solve some problems. First of all, the consumer association’s own localization is unclear, lack of interest on behalf of the mechanism, personnel and management problems, consumers’ association in the consumer public interest actions can’t play a proper role. Second, the regulation of "the civil procedure law" and "consumer Protection Act" is too principle, difficult to understand and apply. The new "civil procedural law juridical interpretation" had no substantive breakthrough. Once again, there is no distinguish between litigation right of consumers’ association ban claims and damage compensation claims, which is not conducive to its role in consumer public interest actions. Finally, there is no special judicial proceeding, which can provide a good security to the consumer public interest actions. Copy some of the rules for the civil procedure law, cannot fully adapt to the consumer public interest actions special conditions. The concentrated reflection of the problems existing in the legislation is not enough refinement, legislators only regulation, imperfect supporting. These problems will restrict the development of the consumer association public interest actions. The consumer public interest actions need to solve this problem. First, consumers’ association need to find their own positioning, as well as use of the resources of the government,and to maintain close contact with customers, at the same time reform itself.Second, the legislature should play it’s role in the consumer association public interest actions, constantly adapt to the substantive law of The Times, in the substantive law stipulated in corresponding public interest actions; At the same time improve legislation technology, fine distinguish ban claims and damage compensation claims. Finally, be aimed at the consumer public interest actions more special rules of procedure. Prosecution system should be improved, this is the most important point; Trial system should be improved, the trial system to moderately inclined to consumers; To consummate the incentive and constraint mechanism, earnestly implement the consumer public interest actions, stimulate the participation of social force. of course, we also should realize the consumer society public interest actions is not everything. There’s mastercard consumer relief to rely on the comprehensive development of all aspects of power consumers to form a complete the rule of law. Entity system related to the consumers and other actions to develop and the role of the consumer public interest actions can play better.