| The provisions related with problems of the public interest litigation of consumers' association in China in the article 55 of “The Civil Procedural Law” in2012 and the article 47 of “The Law of Protecting Consumers' Rights and Interests ”in 2013 is a good start and is necessary to protect the legal rights and interests of consumers in China.Except that,there isn't more matched legislation in the law in China,making the consumer association met many problems in practice.Under this background,this paper explores the system in order to help build and perfect and its applying in practice of the system.This paper mainly includes four parts: the first part mainly introduces these contents related with the system including of the related concepts,the legal basis and the value of the system in China;The second part mainly investigates the public interest litigation of consumers of the countries outside including of the United States,Britain,Germany,Japan,France and the regions inside including of Taiwan,Hong Kong of China and the enlightenment of the system for China;The third part mainly explores the current situations mainly includes the legislation and the judicial current situations and the existed problems including of the independence,professionalism,the legal basis of the claim for compensation and the distribution of the litigation benefits of the consumers' association in China,as well as the existed problems in the relevant aspect of procedure rules of in the lawsuit;The fourth part mainly makes pertinent suggestions for the perfection of the public interest litigation of the association of consumers in China from these aspects such as safeguarding the independence of consumers' association and developing its professionalism,building the system of the litigation interest distribution system and procedural rules mainly including of the plaintiff qualification,precondition,the burden distribution of the proof and so on. |
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