Research On The Consumer Public Welfare Litigation System

With the developing of market economy,more and more consumer’s interest was hurt day by day and can’t get protection effectively.In order to protect consumer’s interest,China established the system of public interest litigation in the civil procedure law for the first time in 2012,and in the year of 2016,it introduced the judicial interpretation of the consumer public interest litigation.It can be said that China’s consumer public interest litigation system has been established.However,over the past four years,consumer public interest litigation has been slow.So far,there are only 6 cases.Through the study on the system of consumer public interest litigation,this article hopes to be able to put forward suggestions for the improvement of China’s consumer public interest litigation system,and to promote the vigorous development of China’s consumer public interest litigation.The full article is composed of introductions chapter1-4 and conclusion.The first chapter is summary of “ an overview of the consumer public interest litigation”.This chapter introduces the historical origin and the concept of consumer public interest litigation,expounds the concept of public interests and public interests of consumers,introduces the characteristics of the consumer public interest litigation compared with the traditional civil litigation,and analyzes the system value of the consumer public interest litigation.The second chapter is “the extraterritorial consumer public interest litigation system".In this chapter,the group litigation of the United States is as an example to introduce the common law of majority dispute settlement procedures,the German group lawsuit is as an example to introduce the civil law consumer public interest litigation system.This chapter also introduces the consumer protection officer of Taiwan area brought omission litigation and the demonstration of litigation law.At the same time,this chapter,through the comparative study of the overseas consumer public interest litigation system,puts forward some suggestions to improve China’s public interest litigation system.The third chapter is “the present situation and analysis of our country’s consumer public interest litigation”.This chapter introduces and comments on the two aspects of legislation and practice of consumer public interest litigation in china.This chapter uses the case analysis method,through the study of the consumer public interest litigation,put forward the problems of the consumer public interest litigation.The fourth chapter is "the path of perfecting our country" s public welfare litigation".In this chapter,the author puts forward some suggestions on the improvement of the system of consumer public interest litigation in China from three aspects: the adjustment of the subject of the consumer public interest litigation,the standardization of the consumer public interest litigation system and the special protection of the consumer public interest litigation.The last part summarizes the full article.