The Research Of Consumption Public Interest Litigation System In China

In recent years,with the rapid development of economy,consumption in the proportion of the market economy is more prominent,in the five session of the twelve National People's Congress ZhongShan,Minister of the Ministry of Commerce said that in 2016 China's consumption has become the first driving force of economic growth,the contribution rate of economic growth has reached 64.6%,in the future development of the market economy,consumption will become the backbone of the sustained growth of the national economy.However,in the growing consumer market,consumer demand continues to grow,the consumption structure are also accelerating upgrade,the interests of consumers was infringed frequently and showed a variety of forms,especially when it comes to the majority of non-specific public interests of the consumers,which not only undermines the order of the market economy,but also on people's daily life at all levels have had a serious impact.Therefore,consumption public interest litigation system has become an indispensable system to protect vulnerable groups of consumers' interests and maintaining essential market economic order system.The new "Civil Procedure Law" has established the consumption public interest litigation system from the perspective of the law,which provides a new mode of action involves the protection of consumers' rights and interests in the field of public interest.On May 1,2016,Explanations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Case of Consumer Civil Public Interest Litigation(hereinafter referred to as the "Consumer Public Interest Litigation Interpretation")further improved consumption public interest litigation system,and paid more attention to the protection of the substantive aspects of the relief of consumer rights,has an important guiding significance to application of the above laws and judicial interpretations promulgated the consumer public interest litigation in practice.However,from consumption public interest litigation system established in the judicial practice does not have a complete sense of the consumer public interest litigation cases,and the legislation is just as stipulated in principle,the specific application details still need to clear the real cases,therefore,from the analysis of present situation of legislation and judicature,there are still some problems that need to be perfected in China's consumption public interest litigation system.This paper is mainly divided into four parts: the first part is an overview of consumption public interest litigation system,it mainly introduces the basic concept of public interest litigation and historical origin of the consumption public interest litigation,characteristics and functions;The second part of China's consumption public interest litigation system of legislation and judicial status of the comb,so as to analyze the current problems of China's consumer public interest litigation system;The third part of the relevant legislation on the American consumer group litigation system and the German consumer group litigation system and the concrete rules introduced,compared with consumption public interest litigation system in our country,using their outstanding parts to improve the shortcoming of consumption public interest litigation system of China,Fourth is the main part of this thesis,namely,the consummation of our country's consumption public interest litigation system suggestions,mainly includes four aspects,one is to expand the scope of the plaintiff's qualification,the two is the incentive mechanism and abuse prevention mechanism is established,the three is the establishment of the pre litigation procedure,the four is to increase the claim for damage.The improvement of these specific systems to compensate for the lack of traditional mode of civil litigation,the system of consumer public interest litigation more comprehensive protection of the legitimate rights and interests of consumers,and further development of the national economy,maintain the market order.