A Comparative Study Of The Consumer Public Interest Litigation System

China’s consumer public interest litigation practice ahead of legislation, the 2012 amendment of civil procedure law is the first of the consumer public interest litigation provisions, although the provisions in principle, but provides a good foundation for the further improvement of the consumer public welfare lawsuit system in China.2013 revised consumer protection law, the provisions of consumer associations can increase the lift of the consumer public interest litigation, and the functions of the consumer association was modified, the construction of consumer public interest litigation system has taken a solid step. Since February 4,2015 the implementation of the judicial interpretation of the Supreme Court of public interest litigation filed conditions made clear. However, both from a practical point of view or from a theoretical point of view, the existing legal provisions on the construction of this system is not enough, our country should establish the consumer public interest litigation system comprehensive explanation of the legislative or judicial, this paper will be proved from four aspects.The first part is the basic theory research of the consumer public interest litigation system. The consumer public interest litigation refers to the right of the state organs, organizations and citizens, in accordance with the provisions of laws, against many consumer behavior, to the judicial authorities charged by the judicial organs according to law, and make the judicial activities. The modern sense of the public interest litigation originated in the USA, with progressive legal thought, legal realism, legal procedures and civic republicanism doctrine as the theoretical basis, to the functional expansion of civil action as the practice basis, in order to safeguard the public interest for the purpose, the subject of litigation is more extensive, non-direct stakeholders can prosecute, the illegal business behavior has the characteristics of preventive.The second part from two aspects of theoretical research and legislative practice, to conduct a more comprehensive analysis of the current situation of the consumer public interest litigation system in our country, and analyzes the necessity of constructing the system. In the aspect of theory research, the consumer public interest litigation system in our country has been studied for a long time, the academia in the subject of litigation, litigation settlement, judgment and heated discussions, no consensus; In the aspect of legislation, China has <Civil Procedure Law>,<consumer protection law> and Interpretation of Civil Procedure Law provisions of the consumer public interest litigation system, but in these two laws are only two provisions in principle, so the Chinese consumer public interest litigation system has not been fully established. Constructing the system is to safeguard the public interest in the field of consumer, is the perfect legal system, make up for the lack of administrative means to protect the public interest, is also represent the general trend of International.The third part starting from the perspective of Comparative Law, in the prosecution of the main criteria for the classification of consumer public interest litigation, will be divided into four categories -- Research on consumer group litigation, public interest litigation, the procuratorial organs Administrative Public Interest Litigation and consumer individual plaintiff public interest litigation, the law America Germany, Japan, Brazil, Thailand, and other countries as the object, carries on the comparative analysis of the subject of action, jurisdiction, the settlement of litigation, litigation costs and the effectiveness of the judgment, in order to provide reference for the perfection of China’s legal system.The fourth part for our country to establish a comprehensive consumer public interest litigation system of legislative proposals, Including the expansion of the subject of action, jurisdiction system, clear and perfect, to assume all the litigation costs and the judgment of five aspects of the expansion of the effect, to provide suggestions for improving the system.