The Legal Issues Of Public Interest Litigation In The Protection Of Consumers' Rights And Interests

Vast large proportion of consumers usually choose private relief against encountering consumptive tort events,if key scale infringement is large,only a minority rights guaranteed,timeliness and effectiveness of relief still no guarantee.Such as case filing difficulties,consumer information asymmetry,the burden of proof is difficult,abuse of litigation and other issues,the establishment of public interest litigation system is imminent.At present,the enthusiasm of citizens' rights and interests in our country is rising,the right consciousness is gradually increasing,and there is also a growing consumer group,so the establishment of the public interest litigation system is important.Consumers Association of public interest litigation qualifications have the 2012 version of the civil procedure law,and 2014 implementation of the "consumer protection law" for the escort.At present,scholars have not been unified on the concept of public interest litigation and other issues,so it should be the focus of public interest litigation and the interests of consumers to protect public interest litigation to make qualitative and expressed.Through the study of the public interest litigation,it is helpful to carry out the idea of governing the country according to law,perfect our country's economic system,realize justice and fairness,especially in the pursuit of substantive justice.In this paper,the use of comparative analysis,empirical analysis and other methods,based on the results of the past,to explore the interests of consumers in the protection of public interest litigation system in the theoretical and practical issues.The full text includes four parts,the first part is an overview of public interest litigation,including the definition of consumer rights protection of public interest litigation.The second part is the legislation and practice of foreign public interest litigation of consumer rights protection.Comparison of different national consumer rights and interests protection system of public interest litigation,combined with China's new civil procedure rules of public interest litigation,the discussion on the legal problems of the protection of consumer rights and interests in the public interest litigation.The third part is about the existence of consumer rights protection in public interest litigation problems were analyzed,in order to "Yunnan tour abusive tourists from the perspective of case".In the fourth part,in order to solve the problem of litigation,the concept of China's new civil procedure consumer rights and interests protection of public interest litigation system design.