Research On Consumer Group Litigation Typed

With the deepening reform of market economic system, the social economy relations of our nation become increasingly complex, more and more modern disputes have sprung up, which solution often involves the formation of social norms and the guarantee of public rights. In such disputes, especially the consumer groups litigation which closely related to the public interests has been earning more and more attention. The discussion about the mode of consumer groups litigation is a central issue of governing a country and cultivating people in the long term. Its also a significant channel that people participating in judicature and government maintaining social stability in the short term.Comparative research technique and empirical approach are mainly used in this paper. On the basis of studying continental law system represented by the group litigation in France and common law system represented by the class litigation in America, and combined with China's own national conditions and reality, consumer group litigation of our country is divided into four types, then putting forward a corresponding solution project.This paper is divided into the following four parts altogether:The first part is the study of basic theory of consumer group litigation system related. First of all, the article introduces the social background of consumer group litigation and then expounds its present situation, finally analyzes the characteristics of the consumer group litigation.Based on the understanding of group litigation, a reasonable grasp the characteristics of consumer group litigation is particularly important to find appropriate dispute settlement mechanism and mode of actionsThe second part is the summary of the consumer group litigation typed. From analyzing the actual cases of the consumer groups litigation, this paper mainly focus on the existing defects of consumer group litigation in our country, and puts forward the necessity of research on the typing of consumer group litigation, and consumer group litigation can be divided into four types which including large and gathering type, large and scattered type, small and gathering type, small and scattered type.The third part is the investigation, comparison and study about the countries outside the region, including mainly continental law system represented by the group litigation in France and common law system represented by the class litigation in America, then analyzes the similarities and differences between two types.Different forms of the models Provide useful experience for the development of Chinese consumer group litigationThe forth part is the key chapter of this paper. Considering foreign successful experience and the actual condition of consumer group litigation in our country, according to four types, respectively, puts forward the effective solutions. For large gathering type, introducing test case; For large scattered type, bring in the theory of the issue preclusion validity; for large and scattered type, using alternative dispute resolution mechanism(ADR);Especially for small scattered type, putting forward specific ideas: 1.the determination of lawsuit right endowed modern; 2.the cognizance of the damage compensation; 3. the method of non-contentious procedure trial.