The Dilemma And Solution Exploration Of Consumer Public Interest Litigation Of China

Basically, the consumer public interest litigation is the outcome of the market economy development, which just to balance the rights and obligations between the producers and the consumers and seller, and make sure that social contradictions find an end. Because the consumer public interest litigation has the private benefits as well as the public benefits, so in oder to reflect the characteristic above, subject qualification was strictly limited by China’s current legislation, which have a reasonable in preventing rights abuse, but are different from the international trends. This article analyzes the background and the concept of public interest litigation and consumer public interest litigation from the angle of sociology and legal science. From the consumer characteristics and economic law to achieve the purpose of view, the majority of consumers are not the interests of the consumer public interest; from the perspective of the interests of public interest litigation and the purpose of view,what consumer public interest litigation focus on or achieve is the consumer or social public interests.And the structures of current consumer public interest litigation in China are based on the civil procedure law and the consumer’s interest protection law, but both of them are not clear about specific rules as well as lack of operability. The Supreme People’s Court released the interpretations of the Supreme People’s Court in the application of law in the trial of consumer public interest litigation in civil cases in April 24 th 2016,but in the qualification of the plaintiff, the burden of proof, litigation costs and incentive mechanism, there is still insufficient, far from being able to meet the needs of the consumer public welfare lawsuit trial, also is not conducive to the comprehensive protection of the public interests of the consumers. Therefore, further discussion on the necessity and rationality of the consumer public interest litigation still exist.After the summary of the embarrassment of subject result in difficult to prosecution, the embarrassment of evidence rule result in difficult to trial, and xcitation mechanism、expansion of the decision effectiveness result in difficult enforcement and so on, point out that the main reason is that the theory of the interests of tradition litigation and the unclear rules. In order to go out of the predicament,this article considers it need to change conception from litigation,legislation and judiciary and so on. Then, guided by Germany’s association lawsuit and under the guidance of expanding the plaintiffs qualification,by the claims of restrictions to limit tthe plaintiffs qualifications, meanwhile against ability to present evidence of the plaintiff, configure different rules of quote. Finally, this article puts forward some recommendations of judicial practice for litigation expenses, Excitation mechanism, and expansion of the decision effectiveness.