Theory Of Consumer Public Interest Litigation

With the continuous development of market economy,producers and business operators increasingly serious phenomenon of infringing on lawful rights and interests of consumers,in such a social background,the consumer public welfare lawsuit also received wide attention from all walks of life.In order to better implement the safeguarding of consumers' legal rights and interests and social public interests,it is necessary to carry out the consumer public welfare lawsuit legislation system of carding on consumer public interest litigation,the judicial practice fully investigation,and for the lack of corresponding solution measures are put forward.In the aspect of legislation,our country began in 2013 developed a series of legislation about the consumer public interest litigation,to a certain extent,has formed the situation in which consumer public interest litigation laws.In the aspect of judicial practice,our country consumer association and pilot areas of the people's procuratorate in actively safeguard the legitimate rights and interests of consumers,also has made a great effort.In combing the current consumer public interest litigation in our country's legislation present situation,discovered the consumer public interest litigation in our country in the aspect of legislation the following deficiencies: one is the main body of public interest litigation filed consumption range is too narrow and has a certain ambiguity;Second,there is a legislative deficiency in the prosecution service for the public interest litigation.Third,the mechanism for the compensation of public interest lawsuits is not sound.Fourth,the distribution of burden of proof is unreasonable;Fifth,the charge for handling cases is higher;Sixth,the threshold for public interest litigation is higher.In addition,through to the consumer public interest litigation in our country in the process of the judicial practice of typical cases were analyzed,and the known consumer public interest litigation in our country some deficiencies in the judicial aspect,mainly reflected in the role of the consumer society is difficult to play.In view of the shortcoming of consumer public interest litigation in our country,this article from the qualification of the plaintiff's prosecution,effect and legal costs,etc,through the analysis and the typical countries outside China,put forward the countermeasures of perfecting our country's consumer public welfare lawsuit,mainly includes the following aspects: first,by strengthening propaganda,enables consumers to set up the correct consumption concept of public interest litigation.Second,starting from perfecting the consumer public welfare lawsuit main body,expanding the scope of the consumer public welfare lawsuit main body and the key to strengthen the procuratorial organs filed consumer public welfare lawsuit system.Third,we need to improve the mechanism for compensation for public interest litigation.Fourth,improve the distribution of accountability.Fifth,we should improve the mechanism for the cost of litigation.Sixth,we need to improve the relevant supporting mechanisms of public interest litigation in our country.