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Research On The Legal System Of Consumer Public Interest Litigation In China

Posted on:2019-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:S Y CongFull Text:PDF
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At present,the consumer public interest litigation is in the ascendant in our country.Since the fifty-fifth civil procedure law was amended in 2012,it has been widely concerned by the legal theory and law practice circles.But from the current situation of the implementation of the public interest litigation system,there are still a series of problems,such as uneven geographical distribution,narrow scope of prosecution subjects and imperfect litigation types,which need to be studied and solved.First of all,this paper briefly expounds the basic problems of the emergence and development of the public interest litigation system,the subjects of the prosecution,the scope of application,the classification of the litigation types,the application of mediation and conciliation system in the consumption public interest litigation,and so on.Secondly,from the real level,analyzes the consumption of China's public interest litigation system in 2012 to the end of 2017 the creation of the 11 consumer public interest litigation cases on the one hand,many highlights reveals the system of consumers' public interest litigation in the judicial practice:in the coverage,for the industry system of consumers' public interest litigation has diversified situation and,in the public service sector for water supply format in terms of liquidated damages are too high against the legitimate rights and interests of consumers to make a useful attempt;in the lawsuit,the damages of consumer public interest litigation are related to exploration,accumulated experience.On the other hand,it points out that there are many problems in the definition of the subject of the prosecution,the classification of the litigation type,the burden of proof,the mediation and the application of the reconciliation system.And the serious missing representation in the number of consumer public interest litigation cases reflects the obstacles to the operability and feasibility of the system.Finally,put forward a series of suggestions about the perfection of further legislation to fill,expand the prosecution scope of subject,clear classification of the allocation of the burden of consumption in public interest litigation and litigation request,improve the supporting system and procedure,set up the corresponding legal incentive mechanism and carry out extensive pilot work,to achieve effective convergence of the system of public interest litigation and consumption the private litigation system.
Keywords/Search Tags:Consumption, Public interest litigation, Public interest, Perfect conception
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