On The Perfection Of Consumer Public Interest Litigation System

With the rapid development of the Internet and logistics trade,the regionalization of transactions has been broken,which has led to a significant increase in the number of consumers who have committed the same infringement.In order to regulate such infringement and better safeguard the interests of the non-specific majority,the Civil Procedure Law amended in 2012 and the Law on the Protection of consumer rights and interests,as amended in 2013,make preliminary provisions for the organizations concerned to bring consumer public interest litigation.However,these provisions are too simple and lack of specific procedural provisions,so it is necessary to strengthen the in-depth study of consumer public interest litigation,both in theory and in practice.By reading the relevant literature,it is found that there are some shortcomings in the current consumer public Interest litigation system in China,such as the limitation of plaintiff's subject qualification,the lack of supervision mechanism for the prosecution of suitable subjects and the narrow type of claim right.In view of the above problems,by drawing on the relevant provisions of Germany,Brazil and other countries,This paper puts forward some suggestions,such as the identification of individual citizens as the appropriate subject of consumer public interest litigation,the establishment of the mechanism to motivate the appropriate subject to initiate public interest litigation,and the mechanism to prevent individual civil abuse,and the application to increase punitive damages in the type of claim.