Research On The Scope Of Financial Consumption Public Interest Litigation

After the 2008 financial crisis,the important value of financial consumer protection has been widely recognized in financial and legal aspects.A financial consumer is a natural person who purchases financial goods or receives services from a financial institution for purposes other than trade,occupation or commerce.Public interest litigation has the function of improving the dilemma of consumer rights protection and maintaining the public interests in the consumption field.Public interest litigation of financial consumption is the development of public interest litigation of consumption in the financial field.Based on the characteristics of insufficient administrative protection and infringement in the field of financial consumption,the financial consumption public interest litigation needs to be constructed with special rules different from ordinary public interest litigation.The definition of the scope of accepting cases is the primary problem in the system design of public interest litigation of financial consumption.The scope of accepting cases of consumer public interest litigation lies in the conflict between judicial interpretation and judicial practice,which cannot provide clear guidance for financial consumer public interest litigation.In addition,the particularity of the field of financial consumption determines that the scope of accepting cases of financial consumption public interest litigation is different from that of consumer public interest litigation.This is where the scope of accepting cases of the public interest litigation system of financial consumption is redefined.China's current legal system does not have corresponding provisions on public interest litigation of financial consumption.The civil procedure law and the consumer rights and interests protection law define the scope of public interest litigation cases of consumption as "cases infringing on the legitimate rights and interests of many consumers".This kind of expression has the characteristic of high generality and low maneuverability.Therefore,the scope of accepting cases of financial consumption public interest litigation should be further determined and systematized on the basis of the aforementioned public interest standards.Public interest is a typical uncertain legal concept.In order to further clarify the characteristics of the financial consumption field,the public interest in the financial consumption field can be divided into the information interest of financial consumption and the interest of non-specific majority of financial consumers.The former is a pure public interest,enjoyed by financial consumers as a whole and centered on "information";The latter is the collective public interest,which refers to the interest enjoyed by a large number of financial consumers who cannot be identified.After defining the judgment criteria,it is necessary to externalize the inspection elements into the form of expression,and build a systematic scope of accepting cases of financial consumption public interest litigation.Financial information to the interests of the subject is the consumer as a whole,the request and relief is indivisible,and the uncertainty of the future is not a specific financial consumer interests determines the financial consumer public interest litigation case scope to stop the infringement effect is not as a suit is as the main body,not as a suit including stop the infringement,eliminate the obstruction,eliminate the influence,and recover the claims.For many difficult to determine the accurate financial has damaged the interests of consumers,shall be by fu as the statutory public welfare lawsuit the plaintiff main body the other way for compensation for damage,implement collective in the public interest litigation procedure of intensive exercise for compensation for damage,such as false statement of securities in the public interest litigation,allowing the plaintiff filed a damage compensation claims.The establishment of a suit for damages must meet certain conditions,so it should be used as a supplement to the scope of accepting cases of public interest litigation.