The Empirical Analysis On Our Civil Public Interest Litigation Concerning Consumers' Rights

The system of civil public interest litigation was formally written into China's "Code of Civil Procedure" in 2012 and mainly includes such types as environmental civil public interest litigation(hereinafter referred to as environmental public interest litigation)and consumer civil public interest litigation(hereinafter referred to as consumer public interest litigation).Compared with environmental public interest litigation,consumer public interest litigation is more sluggish both in theoretical research and judicial practice.In fact,as early as the 1980 s,China began to explore the system of consumer public interest litigation.Starting from the analysis of the cases of legal nature of public interest litigation in China before the public interest litigation system signed into the "Code of Civil Procedure",China found that they have the main private prosecution,litigation The variety of requests,social influence and other characteristics.Although these public interest suits instituted by public interest personages often end with the failure,mostly because the plaintiffs don't have the relevant standing to sue,this also fully explained the existence of a large number of consumer rights disputes and they hoped to resolve through litigation.With the advancement of China's market economy system,the main body of market interests gradually multifaceted,the conflicts of interest became more apparent,the infringement of consumers' rights and interests forth in an endless stream,and originally placed their hopes on the public interest litigation system to alleviate this social contradiction.However,consumer public interest litigation accepted by the court since 2015 to now,the number of cases that can be consulted is extremely small and the social effects are not obvious.Even though in this circumstance,it can still find that there are some issues such as the single subject of prosecution,the insufficient participation of prosecutors,the insufficient social incentive system and the compensation system is not perfect enough by analyzing a few number of existing cases.The author tries to put forward some suggestions for perfecting China's consumer public interest litigation system based on an empirical analysis of existing cases and related systems,combined with a certain comparative study.The body of this thesis is divided into four parts:The first part is to analyze the basic situation of consumer public interest litigation cases.At first,we sort out the cases of public interest litigation before the public interest litigationsystem signed into the "Code of Civil Procedure" to explore the traditional characteristics of consumer litigation with public interest.Next,it is a summary of all consumer public interest litigation cases from the consumer public interest litigation system signed into the "Code of Civil Procedure" to July 2017 and analyze the case has The new features.At last,we summary the highlights of the development of the consumer public interest litigation system.The second part is to analyze the problems that the current consumer public interest litigation shows in practice.The overall manifestation is that the application rate is low,and the number of cases is too less to form a normal state.At the same time,this article explores the causes of these problems and points out that the reasons for the slow development of the public interest litigation system include three aspects: theory,practice and system,and explain these three aspects respectively.The third part discusses the qualifications of consumers in public interest litigation.Judging from the development status of consumer litigation in China,litigants directly influence the development of consumer litigation in a large scale,and the disputes are quite large.Therefore,it is necessary to be a separate part To be discussed.Mainly from the individual citizens,associations,prosecutor,other social groups and other aspects.In the aspect of individual citizen,this article thinks that it should be given to individual citizen litigation suit.In the aspect of Consumers Association,this article thinks that the qualification of litigation of Consumers Association should be further relaxed.In the aspect of prosecutor,it is proposed to expand the scope of cases accepted by prosecutors.Meanwhile,we should improve the suggestion of the preparatory process of public interest litigation by prosecutor.In the aspect of social groups,based on the current status of the litigation,it is proposed to give certain social organizations with qualified qualifications for public interest litigation.The fourth part is the suggestions for the construction and improvement of other systems of China's consumer public interest litigation,including preparatory process,litigation requests,and the improvement of the proof system.In the preparatory process,it is considered that other public bodies should also set up relevant systems in consumer public interest litigation.Whether the right of claim of compensation for damaging can be applied,combined with the judicial practice in some countries and the current status in our country,this article believe that the right of claim of compensation for damaging should be established.In thedistribution of the burden of proof,we think that the consumer public interest litigation should establish the distribution system of burden of proof different from ordinary civil litigation.In terms of the litigation safeguard system,this article believe that our country should set up the system of safeguard of public interest litigation as soon as possible from the aspects of the burden of cost of litigation and lawyer team building.