Research On Rules Of Evidence Of Consumer Public Interest Litigation

With the development of society, the enhancement of consumer awareness and refinement of legal regulations, the increase of cases,that are about protecting consumer public interest, requires that we ought to study of the theory of the consumer public interest litigation more deeply, and sum up the experience of judicial practice to perfect relevant legal system.Evidence Rule, as a set of legal norms including the investigation and collection of evidence, the examination and judgment of evidence, the burden of proof and so on,determines what the scope of the evidence and how to adjust or constraint behavior. Therefore, the improvement of Evidence Rule can give more advantages in finding out the truth, solving disputes between the parties, protecting the legitimate rights and interests of citizens, and maintaining judicial justice.Through the study of Evidence Rule consumer public welfare lawsuit from home and abroad,this paper aims to put forward some ideas and suggestions about public interest litigation.By reading related literature of the continental law system and Anglo-American law system about the rules of evidence, and combining with the actual situation of our country, the author attend to make some suggestions to improve Evidence Rule. The paper firstly attends to analyze basic principles,basic theory, civil litigation proof standard and the burden of proof, and then the paper points out the deficiency of Evidence Rule in consumer public interest litigation, finally it put forward its own suggestions.Through comprehensive analysis of related problems, there is still a great gap of Evidence Rule consumer public welfare lawsuit between China and foreign countries, so we need refine Evidence Rule from various aspects, including enhancing status of Evidence Rule legislation, improving the discovery system, refining the time limit rules of evidence and the burden of proof allocation, etc. It can be concluded that the study, the consumer public welfare lawsuit evidence rule, can guide the court trial work, balance the benefits between the parties, fulfill the rights and obligations of cross-examination and certification of courts and so on, therefor we can maintain the legal rights of consumers and ensure fairness and justice.