Application Research On The Repayment Of Shared Bicycle Deposit In Consumer Public Interest Litigation

Although the consumer public interest litigation system was established in China soon,it has accumulated a relatively deep theoretical foundation due to the earlier development of academic theoretical research.The main problem currently exists is the insufficient application of the consumer public interest litigation system in judicial practice.In the consumer field,there are many kinds of behaviors that infringe on the public interest of the society and constantly change and change.If the practice and application research are not strengthened,it will inevitably make the consumer public interest litigation system a "zombie clause" and cannot effectively meet the relief needs of the public interest of the infringed society.In view of this,this paper takes the issue of the return of the shared bicycle deposit,which has a great influence on the society at present as an entry point,and explores how to apply the consumer public interest litigation to solve the problem of returning the shared bicycle deposit.The full text is divided into four parts:The first part is mainly about the existence and legal dilemma of the problem of returning the shared bicycle deposit.The legal dilemma is mainly that the legal nature of the shared bicycle deposit is controversial in the theoretical and practical circles.In general,there is a consensus on the suability of various academic and practical viewpoints.The only dispute is the relief method.Different,and the legal nature of the shared bicycle deposit involves the issue of the right to use the deposit,which in turn affects whether the behavior of the shared bicycle company violates the public interest.Based on the particularity of the shared bicycle deposit rule,the nature of the deposit is more biased.In the case of a security right that belongs to the pledge,that is,the pledge of the credit right.The actual dilemma mainly includes three aspects:the shared bicycle company delays the refund of the consumer deposit,the difficulty of the consumer's evidence collection and the high cost of litigation rights protection.After comparing the various post-reliance ways of the claim for the shared bicycle deposit return,the consumption can be concluded.Public interest litigation is the best way to maintain the deposit interest of each shared bicycle user.The second part is the affirmation of the superiority of the consumer public interest litigation for the right to reclaim the right to share the bicycle deposit.The judicial practice of China's consumer public interest litigation was rejected from the initial ruling until the current litigation request was supported by the court's decision,and passed the "Zhejiang Consumer Protection Committee v.Shanghai RailwayBureau Case"("The Civil Procedure Law Interpretation" was promulgated and"Consumer Rights and Interests" The first protection from the consumer rights protection organization after the revision of the Protection Law),the Guangdong Province fake salt series(the first punitive damages lawsuit and the court support),the Guangdong Consumer Council v.Guangzhou Yueqi information Science and Technology Co.,Ltd.(the first case of consumer public interest litigation in the field of shared bicycles)These three cases have few typical consumer public interest litigation cases,which can clearly see their development process,and also prove through examples of consumer public interest litigation.Solve the advantages of the shared bicycle deposit refund problem.In addition,according to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Consumer Civil Public Interest Litigation Cases",the remedy of the consumer public interest litigation for the right to share the claim for the return of the bicycle deposit,in the definition of the public interest in the law,the eligibility of the consumer public interest litigation The four aspects of the performance of public welfare duties and reasonable claims by the main body and consumer organizations also reflect legal convenience.Finally,compared with other remedies,consumer public interest litigation can break through the shortcomings of insufficient mandatory effect,narrow coverage of relief effectiveness,high litigation costs,and high litigation risk,which are not conducive to timely and effective protection of the legitimate rights and interests of consumers,and can effectively limit shared bicycles.Enterprises continue to implement illegal acts that harm the public interest of the society,safeguard the deposit rights of many unspecified shared bicycle consumers,reduce the litigation pressure of consumers who are infringed on deposit rights,and also play a good guiding role in the shared bicycle industry through the judgment results.Further,it is also possible to force the introduction of relevant national regulatory measures.This is the most suitable relief route for the problem of returning the shared bicycle deposits under the current legal framework.The third part is about the problems existing in the remedies for consumer public interest litigation and the direction of perfecting the system.Under the current background that many shared bicycle consumer deposits are not refunded in time,consumer public interest litigation is not able to perfectly protect the deposit rights of many unspecified shared bicycle consumers due to legal system and social reality restrictions.The subject qualification of the plaintiff including the consumer public interest litigation is too narrow,the dispute type of the shared bicycle deposit is not included in the prosecution supervision mechanism,the consumer association is not enthusiastic about the performance of the public interest litigation function,and the consumer association's own information collection ability is not strong,problem.In response to these problems,in the future legislative plan,the strict qualifications for the plaintiff qualifications of consumer public interest litigation,the scope of supervision of the procuratorate's support for the prosecution system,and the establishment of a special evidence system suitable for consumer public interest litigation should be appropriately relaxed.In addition,these problems can be solved by setting up a consumer interest litigation assistance fund and strengthening the self-construction of consumer associations above the provincial level.