Research On Difficult Issues In Consumer Civil Public Interest Litigation

The Consumer Civil Public Interest Litigation was stipulated in the civil procedure law in 2012.As a supplementary design to protect the legitimate interests of unspecified consumers,it has provided a new choice for the subject of litigation rights,broadened the width and depth of the protection of consumer rights,and improved the efficiency of justice.The system relies on the judicial interpretation to specify a series of specific issues in the implementation of the system,such as the qualification of the subject of the right of action,the type of litigation claims and so on.However,because of the time limitation in the formulation of the judicial interpretation,many issues were avoided compared to the Environmental Public Interest Litigation.Compared with the other types of public interest litigation,the case number is very small in judicial practice.The system has not been tested and improved by a large amount of practice.There are still a lot of confusion need to be solved,especially in litigation subjects,litigation requests and settlement methods.In order to solve the existing issues and fully realize the original intention of the system,this article will adopt a variety of methods,such as case analysis and theoretical analysis,to analyze the causes of the issues in detail,so that we can clarify the omissions of the system and provide feasible ideas for the system improvement.From the perspective of subjects of litigation right,there are two types of subjects with different priorities:the statutory social organization enjoys the first right to sue,and the procuratorial organ enjoys the complementary litigation right.The current limitations of scope and nature of the subjects entitled to the first right of action do not meet the needs of practice.The procuratorate,who is the subject of the right to sue,should go through the pre-litigation procedure before filing a civil public interest lawsuit to meet the requirement of "modesty"after discovering that there are acts harming public interest in the field of consumption.However,due to the characteristics of Civil Public Interest Litigation and the limitation of the scope of the right to sue in the first place,no one to inform can be usual in practice.In addition,the function of the pre-litigation procedure is limited,the specific implementation is unsatisfactory.It is possible to expand the scope of application of the first subject of litigation by reasonably expanding the interpretation of the existing authorization system of the first subject of litigation now.While paying attention to the improvement of the procuratorate's business capabilities to meet the requirements of litigation,we should also pay attention to the design of operating rules and broaden the types of cases so as to achieve the effect of mobilizing the enthusiasm of all parties.By analyzing representative cases,comparing the support conditions of different litigations against different types of litigant subjects,as shown in the court ruling documents of different provinces,and showing the contradictions of judgments caused by the negligence of legal provisions,we can find the issues in litigation claims.In addition,combining with the existing system,it can be concluded that subjects with different order litigation rights enjoy different litigation claims.Institutional loopholes need to be filled.Everyone should specify the type of consistent litigation claims through a clear enumeration.The enjoyment of the right of claim for damages should be affirmed,and the right to claim for punitive damages should be separately listed for recognition.After that,it is imperative to improve the corresponding supporting system.Follow-up questions related to compensation can be set up as case-specific funds for management,distribution and utilization.As for the conclusion of this lawsuit,the main concern is the choice of settlement methods.The decisive dispute settlement methods have special effect in public interest litigation.Taking full account of the system guarantees and social effects behind the two settlement methods,Consumer Civil Public Interest Litigation should give priority to the decision to conclude the case in order to fully identify the facts of the public case,give full play to the advantages of the judgment,and avoid the authority of public interest litigation from being softened.Withdrawal and mediation cannot sacrifice the public's right to know.It should be optimized after the establishment of a system of restrictions,guaranteeing the disclosure of necessary information and so on.It is recommended to create a special national public information system for public interest litigation cases that is open to the public.The search of keywords is designed to facilitate quick inquiry and supervision,and give full play to the deterrent effect of the system,and achieve its original intention.