Construction Of Public Interest Litigation Of Consumer Damage Compensation

With the continuous development of large-scale economy and the rapid change of transaction mode,consumer infringement events involve more and more individual interests,which has a great impact on the consumption order of the whole society.General secretary Xi Jinping stressed that we must create a safe and reliable consumption environment to achieve economic growth.However,China's current consumption environment is not safe and reliable enough.Some illegal business operators infringe upon the lawful rights and interests of many consumers or have acts of endangering the personal and property safety of consumers and impairing the public interests for their own interests.In this context,China formally established the consumer civil public interest litigation system in 2012 by the revision of the Civil Procedure Law.For acts that infringe on the legitimate rights and interests of many consumers,the authorities and organizations prescribed by law can file lawsuits to the people's court.In 2016 Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Public Interest Actions regarding Consumption was issued.In a civil public interest action regarding consumption,the plaintiff requests that the defendant should assume such civil liabilities as ceasing the infringement,removing obstacles,eliminating dangers,and offering apologies,the people's court may support such request.However,as the most common way of assuming civil liability,compensation for damages is not included.Practice shows that the civil public interest litigation of consumption without claims for damages cannot fully protect the legitimate rights and interests of consumers,nor can it effectively prohibit illegal business activities.Therefore,it is necessary to introduce the claim for damages into the system of consumer civil public interest litigation.This paper focuses on the construction of consumer damage compensation public interest litigation,mainly including two aspects: whether consumer civil public interest litigation can introduce claims for damages and how to build a specific procedural system.This paper is divided into four parts.The first part is the overview of the public interest litigation of consumer damage compensation.The second part is the interpretation of the current situation of the public interest litigation of consumer damage compensation in China.By comparing the conservatism of legal provisions with the aggressive judicial practice,the second part analyzes the difficulties faced by the system construction and the basic support.The third part is the research on the comparative law of public interest litigation of consumer damage compensation.Although the name of specific litigation system outside China may not be public interest litigation,the problems to be solved and the public effects are common.The fourth part is the construction of consumer damage compensation public interest litigation on the basis of relevant legislative and judicial experience,combining the domestic current situation of the system and the situation of the consumer rights protection.The amount of compensation for damage shall be based on the illegal income of the business operator,and a public welfare fund for consumption shall be established.What's more,the compensation shall be returned to the consumer as far as possible through the representative's lawsuit procedure.