Study On The System Of Our Country’s Consumer Public Interest Litigation

In recent years, with increasing number of consumers’ legitimate rights and interests of infringement cases, Civil Procedure Law establishes the consumer public interest litigation in 2012 to safeguard the legitimate rights and interests of consumers.However, the provisions of the consumer public interest litigation in the Civil Procedure Law of 2012 are too simple and lack of maneuverability norms, resulting in a loss applicable to judicial practice. In response, the "Consumer Protection Law" of2014 and a judicial interpretation issued by the Supreme Court in February 2015 carried out further refinement and specification. However, because of the special nature of consumer public interest litigation, it is still different from ordinary civil action. The current legislative and judicial interpretation has much room for improvement.In this paper, the background and significance of the consumer public interest litigation established are first described. And then, the definition of the consumer public interest litigation is explored. This article focuses on the theoretical basis of the consumer public interest litigation how to generate. At the same time, a comparative study of the relevant systems between domestic and foreign is mentioned. By combining the exploration history and status of implementation of the consumer public interest litigation, the proposals for further improving the construction of the consumer public interest litigation program are put forward.After analyzing the status quo of the consumer public interest litigation,combining with relevant theories, this paper raised that the provisions about plaintiff qualifications of the consumer public interest litigation should be further clarified to ensure the smooth conduct of the consumer public interest litigation. Meanwhile, to provide clear guidelines for the parties in the legal proceeding, the procedures such as prosecution, acceptance, the trial rules, and the burden of proof should be formulated in detail. The above information is for building a comprehensive consumer interest litigation procedures, in order to ensure that the legislative intent of the consumer public interest litigation has been optimized to achieve.