Research On Consumer Civil Public Interest Litigation System

In recent years,torts in consumption activities have emerged in an endless stream and have presented the characteristic of grouping.How to guarantee the legitimate rights and interests of unspecific consumers has become an important problem faced by the current legislation.Against this background,the consumptive public interest litigation system emerges as the time requires.From the first introduction of the consumptive public interest litigation system by the new Civil Procedure Law in 2012,to the issue of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Conduct of Consumption Civil Public Interest Litigations(hereinafter referred to as interpretation)on 05/2016,the legislation concerning consumptive public interest litigation has been gradually improved.However,the regulations in regard to the current consumptive public interest litigation have lots of deficiencies,such as the narrow regulation of the scope of prosecutors and claims,the incompleteness of pretrial procedures,relevant incentive mechanisms and supervision systems.The existence of these problems will influence the full play of the function of the public interest litigation.Therefore,how to solve the current consumptive public interest litigation's problem has become the crux to the further perfection of this system.According to the arrangement of our country's consumptive public interest litigation's situation and the analysis of current consumptive public interest litigation's problems and on the basis of using the successful experience of other countries for reference,I have proposed the specific perfection measures on this system.Hence,this paper mainly discusses the topic from the following four parts:First,this paper will clear the significance of consumer public interest litigation.This part briefly introduces the basic concept of the consumptive public interest litigation.In addition,it analyses the necessity of carrying out the consumptive civil lawsuit.Second,this paper will evaluate the history and the current situation of the consumptive public interest litigation.This part compares different regulations concerning consumptive public interest litigation before and after the issue of interpretation and discusses the characteristic of the current consumptive public interest litigation by historical yardsticks.Then it analyses the problems faced by our country's consumptive public interest litigation in combination with the implementation status of the current consumptive public interest litigation and explores the further perfection direction.Third,this paper will demonstrate the experience of consumptive public interest litigation in other countries.This part discusses different regulations about different countries' consumptive public interest litigation.Then it concludes the advantage equipped by the current types of litigation from the perspective of comparison and the referential value for establishing our country's consumptive public interest litigation.Fourth,this paper will explore the perfection measures of the system of the consumptive public interest litigation.This part proposes further perfection measures of our country's consumptive public interest litigation from five aspects.Including the verification of the type of plaintiffs and the introduction of damages,the pre-trial procedure,the effectiveness of judgment and the external supervision mechanism and incentive system of litigation.