The Nature Of The Plaintiffs Right,the Type Of Claims And The Extension Of Res Judicata Of The Consumer Public Interest Litigation

Since the consumption of civil public interest litigation system was first stipulated in the civil procedure law in 2013,it has been proved as effective in protecting the rights and interests of consumers and the public interest.In Comparison with the large number of infringements related to the consumer rights and the public interest,only a few of them have been sued as the consumer public interest litigations in the court.In the practice,the consumer public interest litigation cannot be fully used by the plaintiffs or the competent authorities for the purpose of the protection on the consumers and the public interest.Investigate its reason,the author thinks there are three issues to be analyzed,namely the nature of the plaintiffs right,the type of claims and the extension of res judicata of the consumer public interest litigation.This article takes the case in practice as the starting point,analyzes three issues from theoretical and practical aspects.The study draws lessons from the legislative and judicial experiences of Germany and the EU.Because the purpose of the system,the nature of the plaintiff subject and other procedural law of Germen the consumer group litigation and the consumption of civil public interest litigation system in China are the most similar,the United States law on class action system is more similar to our litigation Representative system.In addition,the consumer group litigation has more than 40 years of legislative and judicial practice in Germany,so it is the best choice for the study of comparative law on consumer's public interest litigation.I borrowed a chance to study in Goettingen University in Germany,and studied many legal commentary and articles about this system in German law.For the writing of this article it is a certain theoretical foundation.Firstly,the consumption of civil public interest litigation system should first give the plaintiff an inherent right,when it files a public interest litigation.The nature of the right determines the rules that the civil procedure shall be subject to.It's the most proper nature of the right to file the lawsuit for the purpose of the protection of consumers and the public interest according to the civil procedure law.Then it can most effectively protect the consumer's interest and the public welfare.Secondly,it is necessary for us to extend the type of claims.I make s summary on the current discussions and opinions on the claims for damages and draw the conclusion that the people's court shall support the claim for damages drawn by the consumer protection organizations.Given the public interest,the amount and the type of such claim shall be limited to "the confiscation of illegal income”.All the damages shall be turned over to the national treasury.Thirdly,the res judicata of the consumer public interest litigation should be extended.The res judicata on the side of consumers should be extended to all consumers.The identification of the illegal acts in the former judgment shouldn't be based on the application of the claims drawn by the specific consumers,it should be extensively applied to the latter litigation against the same infringement according to judge's authority.And there are multiple obstacles in the theory and practice in the extension of res judicata on the side of operators of similar illegal acts.So the author disapproves of the extension of the res judicata in the consumption of civil public interest litigation cases.