Research On The Suit Rights Of Consumers’ Groups In Germany And Its Inspiration For China

The litigation for public interest by China Consumers’ Association originates from the litigation by consumers’ groups in Germany. Because in Germany the consumers’ groups have extensive influence on social life, lawmakers vest the qualification of litigation in groups to fight against the illegal behaviors and to participate in maintaining the social order. China lacked the litigation system for public interest for a long time. In the face of new disputes by environment and consumer in society it has been called urgently for the establishment of litigation for public interest. As the standing committee of the National People’s Congress amended the Civil Procedure Law in 2012 and the Law on the Protection of Consumer Rights and Interests in 2013, the litigation for public interest by China Consumer’s Association was formally and finally written into laws. Because of the lack of the relevant theoretical research and experience in the practice the amendments provide only general rules and principles, so that in the practice it is impossible in accordance with these rules to institute an action in a people’s court. Studying the relevant rules of litigation of consumers’ groups in Germany can bring important inspiration to improve the litigation for public interest in China.This paper consists of four chapters.The first chapter mainly studies history of the litigation by consumer’s groups in Germany. The German lawmaker didn’t vest the qualification of litigation in consumers’ groups at first. As the policy to protect the interests of consumer had been taken seriously by the government, the right of suit for consumers’ groups has got to be granted. EU plays also a positive role in promoting to protect the collective rights of consumers. The previous legislation or amendments in Germany are the result of the converting of the EU directives. With the continuous extension of the suit right these rights formed a relatively complete system.The second chapter introduces the theoretical basis of the group action in Germany. By the establishment of the group action the German lawmakers has taken the principle of autonomy in private law as well as principle of the two parties in civil procedure law into full consideration and granted the independent suit rights for the groups on the substantive law and with these suit rights the groups can primarily make a defensive claim. The reason hereto is to protect the public interest.In the third chapter the suit rights of consumers’ groups in accordance with the current German law is introduced. They are mainly defensive claims in the performance of claims for non-action. Because the claim for non-action has the defensive characteristics, the claim can’t punish the previous illegal behaviors. Then the lawmakers have granted the suit right for consumers’ groups to make a claim to collect the illegal benefits. In order to promote the protecting of the individual rights the individual consumers can transfer their rights to consumers’ groups and the consumers’ groups will make a claim.The fourth chapter focuses on the possibility of improving the litigation for the public interest by China Consumers’ Association. The relevant rules have been just written into law soon and not yet perfect. In consideration with the experience of group action in Germany the most urgent task is that the suit rights of Consumers’ Association should right now be described in law. Particularly the development of consumers’ organizations should be encouraged on the on hand; on the other hand it should start with the current focused problems that they require just simple solutions.