Study On Some Problems Of Consumer Civil Public Interest Litigation Of Compensation For Damages

In recent years,in the field of China’s consumption,many consumers’ rights and interests have been damaged.In the mass consumer rights and interests damage events,especially in the small and scattered events,the number of people who are infringed is large and not specific,but specific to each individual and the degree of damage is small.There is an objective reality that the infringed individual consumers,as the main body of the lawsuit,can not compensate for the damage of their rights and interests,so it is necessary to maintain the rights through the individual claims procedure of consumers who are infringed It is not feasible to protect the legitimate rights and interests of consumers,punish the infringers of the rights and interests of consumers and maintain the normal consumption order of the society.China’s consumer civil public interest litigation of compensation for damage is still in the initial stage,and there are defects in legislation and practice.In legislation,the subject status of the litigation of consumer associations is not clearly put forward,nor the content of litigation settlement is clearly defined.In practice,consumer civil public interest litigation of compensation for damages has appeared,but there are still some problems,such as the scope of application is not accurately defined;the number of consumers who are injured is difficult to determine;the calculation of compensation is difficult.Based on the study and summary of foreign experience,this paper finds that different legal systems and different countries have different legal systems on consumer civil public interest litigation of compensation for damage.Germany,Japan and other countries have given consumers the right to claim compensation for group damage,and American administrative agencies and individuals can also file consumer group litigation.Japan and France have strict provisions on the scope of application of compensation for damage in consumer civil public interest litigation,and the compensation for damage is mainly the property damage suffered by consumers,and the physical and mental damage is not within the scope of compensation China’s consumer group litigation allows litigation settlement;Japan and Brazil adopt the "two-stage trial mode" in the trial mode.The distribution of consumer compensation and the way to confirm the number of people are "exit type" and "join type".This paper suggests that on the basis of the existing basic system,we can learn from the mature regulations of foreign countries which are suitable for China’s actual situation,and further establish and improve our civil public interest litigation system of compensation for damage.For example,in the aspect of litigation type,we can apply the "combination type" to both the withdrawal type and the addition type.In the case of small personal loss of consumers,we can use the withdrawal type,and in the case of large personal loss of consumers,we can use the addition type.In the aspect of litigation subject and procedural rights,we should also determine the status of litigation subject of consumer associations,make clear that the scope of application of consumer civil public interest litigation of compensation for damage is property damage,and increase the content of litigation settlement.In the aspect of litigation mode,we use the "two-stage trial mode" for reference and try the case in two stages.The consumer civil public interest litigation fund can be set up in the management of damages.