The Claims Trial Research Of The Consumer Public Weifare Lawsuit

With the progress of science and technology, the space between people. continues to shorten. The operator of products and services’ effect to consumers is increasing, therefore the operator’s personal violations deeply impact on consumers.The occurrence of consumer public interest dispute is so frequent that many unspecified consumers suffered damage and it against consumer welfare. Existing means of litigation and non-litigation can not effectively save the consumer welfare, that have been damaged. US countries have established very mature consumer public interest litigations, which are applied to judicial practice to effectively save consumer welfare. The urgent need of fair settlement consumer cases is building the chinese consumers request to hear public interest litigation system and improve the existing consumer litigation of public interest. In theory, the establishment of hearing public interest litigation system,not only can fill in the blank fields related to consumer welfare lawsuit, but also can improve the institutional system of civil litigation and Coordinate individual actions of consumers and consumer public interest litigation. In practice, the establishment of this system can lead The judiciary to efficiently and fairly judge the case.In this paper, improving the judge way of consumer public interest claims is the core. At first, the concept, feature and classification of public interest litigation consumers is described in the paper. The paper absorbs useful experience of national litigation systems to improve the pre-litigation preservation relief system and construct consumer public interest litigation system pre-settlement, by comparing the current consumer public interest litigation of the united states, germany, france, Japan and analysing the Insufficient of litigation states. The paper systematically studys our academic consumer public interest litigation hearing request view mode; improves our type of punitive damages consumer public interest litigation, to hand over illegal gains based consumer public interest litigation; reasonablely divides the burden of proof provincial consumer associations, the people’s procuratorate and the defendant. At the same time, the paper limits the right to apply to the plaintiff withdrawal; improves existing settlement system, mediation system, the trial system;substantively examinate settlement agreement and the mediation agreement; refines llegal income, damage compensation calculation range, calculates the standard,and calculation method. The paper provides lessons to that, legislators improve national consumer public interest litigation trial system; can accelerates legislative process of consumer public interest litigation; benefits to fairly solve the operators and consumer groups dispute.