Discussion On The Construction Of The Litigation System Of Chinese Consumer Groups

The article aims to learn from the advantages of foreign consumer group lawsuit system, to learn their experience and lesson to establish China’s consumer group lawsuit system,which as one of ways to protect consumers’rights, to rich consumer rights protection ways, making the rights and interests of the vast number of consumers get better protection.Firstly, the author introduce and define the concept of consumer group litigation system. There is no authoritative understanding of the concept of cognition in the theory circle.Through reading a lot of literature and data comparison, the author makes an analysis of the group litigation and similar concepts, and the group litigation and representative litigation were compared. Then, introduces the meaning and characteristics of the consumer group litigation, and explains its basic function, to lay a theoretical premise for the study of the consumer group litigation system. Secondly, the author analyzes the western countries of the consumer group litigation system, mainly the United States and the European union. The theoretical basis of American consumer class action system and the basic function, the main scope of application etc. were analysis system, and study the dilemma faced by the consumer group litigation in the United States, from drawing lessons. The main contents of the EU consumer group litigation system and the main legal provisions the commentary, also on the dilemma faced by EU consumer group litigation system in practice are summarized, and draw the corresponding enlightenment and significance. Based on the conclusion, the advantages and limitations of the western consumer group litigation system are obtained, which can provide reference for the establishment of China’s consumer group litigation system. Then the author states the necessity and feasibility of establishing consumer group litigation system in China, analyzes the necessity and possibility of building the system, and lays the foundation for the construction of the fourth part. Finally, in order to construct consumer group litigation, a legal system, the author determine the value target and refinement procedure from kinds of requests, clear operation, giving the right of representative of punishing entity, establishing incentive mechanism, the introduction of prevailing fee system, the burden of litigation costs, reconciliation system and strict examination and supervision of several aspects put forward the conception system of, in order to establish the perfect perfect consumer group litigation system, the better for the victims of consumers provide the protection of rights.