Research Of Consumer Public Interest Litigation In China

In real life, for operators of tort, frequently consumers madeto, silent phenomenon, this phenomenon is by the ordinary consumer and business operator status, rights protection costs caused by the above rights revenue. The vast number of consumers "forced abstention" greatly reduces the operator’s cost of break faith, buried a hidden danger for the outbreak of large-scale infringement events. In large-scale infringement cases, the vast number of consumers out of respect for their own reality, making the "free rider" mentality of protecting universal, which gave individual proprietors an opportunity, it will probably go through "Marathon" litigation dragged down consumers, disrupt consumer activist camp.For ordinary consumer and business operator position disparity, rights protection cost higher than the cost of breach of consumer rights protection present situation, new Consumers Protection Act came into operation in 2014, the 47 th article: "the violations of the legitimate rights and interests of many consumers, Chinese consumers ’ Association, as well as in the provinces, autonomous regions and municipalities to set up by consumer associations, may initiate litigation to the people’s Court.”And with the introduction of public interest litigation law echoes the 55 th article of the code of civil procedure. A judicial interpretation of the civil procedure law passed in 2015 of the civil public interest litigation made a certain degree of instructions, judicial interpretation about the environmental public interest litigation has also launched before then, but the specific provisions on the consumer public welfare lawsuit has not appeared. Therefore, although at present our country has been established in the field of consumer to consumer protection groups as the main body in the litigation of public interest litigation system, but due to the existing relevant provision is too principle, the maneuverability is weak, the judicial practice does not appear a large number of consumer public welfare lawsuit. New elimination for more than a year, the only Shanghai committee success a consumer public interest litigation, the current situation of the consumer public welfare lawsuit "hard landing" once again cause widespread attention.In the consumer public interest litigation "hard landing", far cannot meet the demand of the reality context, to ensure its successful breakthrough, both need to disappear assist organizations at all levels actively as a bear, and need more practical and clear the obstacles of litigation and disappear assist legal responsibilities, multi-pronged, consumer public interest litigation can really play a function of the safeguarding of consumers’ legal rights and interests, the plight of consumer rights are difficult to really get a fundamental change. This writing completed before the consumer public welfare lawsuit judicial interpretation issued in this paper, the author attempts to describe the current situation of the consumer public interest litigation in our country judicial practice and analysis, find out the consumer public interest litigation in our country the cause of the "hard landing", draw lessons from a relatively mature national public interest litigation judicial practice experience, from the scope of accepting cases, the plaintiff’s subject qualification, the litigation rights and the relevant rules for trying to improve of our country’s consumer public welfare lawsuit maneuverability Suggestions, to promote our country’s consumer public welfare lawsuit in judicial practice, promote the maintenance of power consumption in the field of rights and interests.