The Construction Of Public Interest Litigation System Of Compensation For Damages In China

The newly amended civil procedure law in 2012 incorporated civil public interest litigation into specific legal provisions,and was subsequently amended in 2013.The law on the protection of consumer's rights and interests,which came into effect on march 15,2014,also stipulates that the china consumer's association,provinces,autonomous regions,the consumer's association established by the municipality directly under the central government has the right to file a public interest lawsuit against consumers,which can be regarded as a positive response to the civil procedure law amended in 2012.In 2016,the relevant judicial interpretation of the supreme people's court limited the request type of civil public interest litigation to stop infringement,remove obstruction,eliminate danger,claim for invalidity of unfair terms and make an apology,but did not explicitly stipulate the right to claim damages in the consumer public interest litigation system.however,China's economy is developing rapidly and people's living standards are rising rapidly.China's trade level also ranked first in the world,this is a double-edged sword for Chinese consumers,it can not only make consumers better to consume,but also improve the possibility of consumers being harmed and increase the opportunity of disputes between consumers and operators.In that sense,it is of great significance to solve the above problems to establish the damage compensation type of consumer public interest litigation.With regard to public interest litigation,it is generally believed in the theoretical circles that it refers to a lawsuit brought by a state legal subject to a judicial organ under authorization to pursue the tort liability of the infringe.In order to safeguard the public interest and the legitimate interest of the unspecified majority of the litigation system.Then the damage compensation consumption public interest litigation should be referred to the protection of the public interests of consumers,by the auspicious consumer groups to damage compensation as the main way to teach economic in the united states.The damage compensation consumption public interest litigation has its own remarkable characteristics.Including the public interest of the lawsuit,the homogeneity of the injured consumers,the combination of punitive and deterrent,and the complexity and technicality of the system design.However,at present,there are two different views on whether our country should construct the damage compensation consumption public interest litigation.However,it is very necessary to construct the damage compensation consumption public interest litigation in our country,mainly because of the deficiency of the current consumption public interest litigation and the damage compensation type.Consumer public interest litigation can help restore consumer damage,optimize the allocation of market resources and improve operator violation cost,reduce the cost of consumer rights and other advantages.From the survey of countries outside China,the United States,Germany,Japan,France and other countries have a lot of experience in the construction of public interest litigation on damages compensation,which is worth learning from in China,including the trial mode,the subject,the scope of litigation and reconciliation.China should on the basis of careful analysis of extraterritorial experience,combined with its own particularity,come to the concrete countermeasures of constructing the damage compensation consumption public interest litigation.The measures shall include but not limited to determine which subjects are entitled to file lawsuits and clarifying the method for determining group members.We should improve the evidence system,solve the problem of how to determine the damages and how to distribute them,and determine the way to bear the litigation costs.