Problems Research On Public Interest Litigation Prosecuted By Consumer Association

The consumer public interest litigation is a academic concept,from the practice of all countries,it has different functions and meanings.And it is not completely equal to the pure public interest litigation and environmental public interest litigation,but under certain conditions can be mutual conversion.About the definition of "many specific consumers",not only the real victims,but also other facts such as the influence of lawsuit should be considered.Under certain conditions,in addition to the claim for prohibiting,it is necessary to give the plaintiff in legislation in our country private interest damage compensation claims,and not as a lawsuit may also request the private interest in damage compensation and punitive damages,the two are not in conflict.The program design can be taken according to the claims of different phases of the trial.Different kinds of lawsuits and phase on the application of the law,rules of procedure should be done.In order to improve the feasibility of a particular system,it is necessary to take the benefit of the Consumer Association,the courts and other related subject into consideration,and should pay attention to the incentive of the lawsuit main body.The consumer public interest litigation in our country should not be set up compulsory prepositional procedure.On the scope of accepting cases,the actual situation in our country should be combined with to comprehensive consideration,and not all cases that satisfy consumer relationship would be prosecuted.The Consumer Association in the lawsuit is responsible for lawsuits notification and coordination.Its litigation status depends on the claims and litigation stage.To ensure the smooth undergoing of litigation,it is necessary to give Consumer Association survey right and right of advice.About the applicable law of our country's consumer public interest litigation,we can seek legal support from the origin of the theory of private law,but now some rules based on the perspective of private litigation do not apply.Due to the compensatory damages and punitive damages have different functions and meanings,the compensation scope should distinguish between litigation stage and body.And the current legislative regulations on punitive damages can't apply to the public interest litigation.To prevent the repeated claims,in addition to notify and coordinate before litigation,also can take the demonstration system of litigation,the defendant group litigation mode and conducted by the relevant organs after v.advice and otherwise.The action limitation of consumer public interest litigation should not be restricted,but except victims who lost large amount and did not seek any relief means in the plaintiffs filed related to private interest demands.About the distribution of the prevailing interest,the economic principles and preventing the risk of moral hazard should be considered.