Study On The Improvement Of The Consumptive Civil Public Interest Litigation System In China

The lack of protection of consumer groups in China's law leads to low illegal cost of operators and poor legal environment for safeguarding rights.From the "toxic milk powder" incident in 2008 to the "fake mask" incident in the recent severe period of the COVID-19,the severity of the case and the scope of the infringement groups make Chinese consumers angry.The consumer civil public interest litigation system is also the product of the public interest demand in this period.However,after the implementation of the system,it has not achieved the expected effect.The reason is that the legislation of public interest litigation in China is not perfect enough,and the consumer civil public interest litigation system has difficulties.This paper will start from the dilemma of the consumer civil public interest litigation system,combined with other countries and consumer civil public interest litigation system similar to the litigation system,and on the basis of our legislation,put forward new ideas for the improvement of the system.In the first part of this paper,we will make a comprehensive exposition of the consumer civil public interest litigation system.First of all,it introduces the background of the production of the consumer civil public interest litigation system.Secondly,it discusses the significance of adding the consumer civil public interest litigation system in China,and introduces the legislative process of developing the system in China.The second part will focus on several typical litigation systems similar to China's public interest litigation system,including Brazil's public civil litigation system,India's public interest litigation system,and Sweden's group litigation model and public litigation model.In the analysis of these systems,the author will also focus on the advantages of different systems for selective reference,and take the omissions of different systems as a warning.The third part will deeply explore the dilemma faced by China's consumer civil public interest litigation system,that is,first of all,analyze the problems of the plaintiff's main body system stipulated in China's consumer civil public interest litigation system,including the narrow scope of the plaintiffs main body qualification and the high level requirements of the Consumer Association as the original subject.Because procedural provisions are the core of the system,the second part will analyze the imperfections of the prosecution procedure in the system.At last,because of the lack of motive power in the application of this system,the paper will discuss the lack of incentive mechanism.The fourth part will put forward further ideas on the practical problems analyzed in the third part,combined with the advantages of the typical extraterritorial system described in the second part,on the premise of conforming to the legal development environment of our country,after rigorous demonstration,it will put forward perfect ideas on the plaintiff system,litigation procedure and incentive mechanism of the system.