A Study On The System Of The Right Of Claim For Damages Introduced Into The Civil Public Interest Action Of Consumption In China

With the high-quality development of China’s economy,the number of consumers in the consumption field increases exponentially,the types of consumer products become diversified,and the types of consumption infringement increase,which makes it more difficult to safeguard the legitimate rights and interests of consumers in judicial practice.In 2016 the Supreme People’s Court about consumer opinions on some issues of applicable law in civil public interest litigation case,paragraph 1 of article 13 of the consumer public interest litigation in our country the right type to stop the infringement,eliminate the hindrance,eliminate the danger,apologize,etc.,are not damages the traditional ways of civil relief as the right to claim a clear list,its starting point is considering the consumer public interest litigation in our country in the initial stage,the relevant system is still under exploration.Claims for damages types in the theoretical circle whether there are controversial,such as some scholars think the damage compensation claims should be to belong to private interest litigation,the introduction of public interest litigation in makes all public and private interest,public interest litigation the plaintiff is not directly interested party,and consumption should not have all the rights of stakeholders.However,some scholars believe that in consumer public interest litigation,especially in small scattered consumer disputes,the exclusion of claims for damages in order to avoid confusion between public interest and private interest violates the institutional value of public interest litigation,and public interest and private interest are not an either/or relationship.The original intention of the public interest litigation system of consumption is to better protect consumers and social public welfare by making up for the deficiency of the traditional litigation system and the failure of the litigation mechanism.The claim for damages has the system function of compensation and prevention,which agrees with the system value of public interest litigation.Therefore,it is necessary to make clear the claim of damages in the consumer public interest litigation.In modern economic society,tort forms in the consumer field generally reflect the characteristics of large scale,wide distribution and small amount of individual money.The difficulty of proof caused by the power disparity between individual consumers and large enterprises and the high cost of safeguarding rights prevent private interest lawsuits from being filed.In this way,the defendant enterprises will not pay the real price fortheir own infringement,and the other operators in the community can not play a warning and education role,the interests of consumers are still in a "dangerous" state.In conclusion,the right to claim damages should not be excluded from the consumer civil public interest litigation.It is not difficult to find that in the judicial practice,the plaintiff has put forward the claim for damages and obtained support by sorting out the relatively typical cases of consumer public interest litigation,which indicates that the judicial practice is actively exploring the legitimacy and rationality of introducing the claim for damages in the consumer public interest litigation,so as to realize the combination of litigation efficiency and justice.Public interest litigation and private interest litigation can not be absolutely opposite,but also can not be separated simply combined.The organic integration of public interest litigation and private interest litigation is realized through entity or procedure empowerment.There are three types of specific types of empowerment:litigation responsibility,additional entity claims,litigation trust.In addition,the right of entity claim can not only simplify the litigation process to improve efficiency,mobilize the enthusiasm of the plaintiff,but also guarantee the procedural justice.It can be considered to introduce the right of claim for damages in this way.The amount obtained by the plaintiff through the compensation claim can be applied for by the consumer within a certain period of time,and the remaining part of the compensation shall be set up as a consumer rights and interests protection fund,which shall be managed by the consumer association and supervised by the court and the procuratorate.The statutory purpose of the fund is to support consumer protection activities.In this way,the right to claim damages is introduced into the public interest litigation of consumption,so as to better fit the purpose of the establishment of the system.