Research On Civil Public Interest Litigation System Of Consumption

Under the market economy system,the quantity and form of goods and services are undergoing profound changes with the progress of science and technology,which leads to an increasing number of consumption disputes,and the geographical scope of which is extended from traditional cities to every corner of the countryside.With the continuous occurrence of disputes,consumers’ awareness of rights protection has gradually awakened,but their ability to protect rights is still weak compared with those enterprises that are deeply cultivated in this field under the specialized division of labor and may still have professional legal team behind it.Especially in the cases of mass consumer infringement,the result of protecting the rights of the well-versed operators can be imagined.The emergence of consumer civil public interest litigation system breaks the natural disparity between the power of consumers and operators,and provides support for consumers in the name of safeguarding the rights and interests of non-specific majority of consumers.At present,it plays an important role in safeguarding the rights and interests of consumers,making up for the deficiencies of administrative supervision and private interest litigation,and maintaining the normal operation of market order.But at the same time,we must also realize that from the first appearance of consumer public interest litigation in the civil procedure law to the introduction of the judicial interpretation of consumer civil public interest litigation to today,although the system has been constantly specific and detailed,but in practice there are still problems such as the narrow scope of the subject of the appropriate plaintiff,the claim for damages is unfounded but the court will still support the plaintiffs request and so on.These problems will affect the normal function of the consumer public interest litigation system and detract from the value of the system.The author starts from three typical micro cases,and raises the problems caused by the cases through the analysis and thinking of the cases combined with the materials consulted,and makes a preliminary exploration from the perspective of practice.Then from the macroscopic system basic design such as the concept,the characteristic,the value and so on the basic problem starts,has a whole cognition to it.After having the practical cognition and the system cognition,combined with the literature and the practical problems,this paper summarizes the four problems facing the current consumer civil public interest litigation system.Before putting forward the perfect countermeasure concretely,the author puts his eyes on the outside,inspects and draws lessons from the successful experience of other countries.Finally,some suggestions are put forward according to the actual situation of our country.In the part of improving Suggestions,the author mainly focuses on the four problems found:narrow scope of eligible plaintiff,undefined right of claim for damages in legislation,lack of preposition procedure and lack of litigation protection mechanism.In the scope of the subject of the appropriate plaintiff,the author thinks that we should relax the limitation on the social organization plaintiff qualification,in the short term consumer association to become the appropriate plaintiff in the short term,and give other consumer group plaintiff qualification in the long term;to reduce the limitation of prosecution by procuratorial organs,we should expand the interpretation of "performance of duties" and improve the communication and cooperation mechanism of case clues within procuratorial organs,so as to expand the scope of application of prosecution power beyond food and drug safety;given the qualification of qualified individuals to conduct public interest litigation,considering that consumers are direct victims of rights and interests,consumers with direct interests are allowed to file lawsuits in cases with simple facts and weak expertise.In the prosecution of the three should be on the consumer association,procuratorial organs,individuals.In the claim for damages,based on the fact that our legislation and judicial interpretation do not make it clear that the plaintiff has the right to bring damages,but in judicial practice,both the Consumer Association and the procuratorial organ have applied for it and the court has supported this objective situation.After analyzing the reasons why scholars object to the introduction of damages and examining the solutions of other countries,the author does not adopt a single scheme,but typifies the damages claim.According to whether to cause actual harm to consumer right,case that does not cause actual harm is divided into case that causes actual harm and case that causes actual harm.To the former,the method of confiscating the illegal income of the operator shall be adopted.The latter is further divided into large-scale assault cases and small decentralized assault cases.A two-stage trial model is adopted for cases causing more serious damage to consumers;for cases involving a large number of consumers in a smaller amount,the plaintiff is allowed to sue directly for damages,and the proceeds are transferred directly to the consumer fund if they can not be directly distributed to the injured consumer.In terms of loss of prepositional procedure,the author thinks that should set up before litigation supervision procedures and settlement before litigation,quickly stop operator’s illegal behavior,reduce the illegal act on the degree of damage to consumers’ rights and interests,at the same time operator corresponding to reduce costs,damage to the interests of the society as a whole will also control the minimal.In terms of the litigation protection mechanism,it tries to establish the litigation incentive mechanism and the mechanism of preventing abuse,reduce the litigation cost of the plaintiff,and establish the tort compensation system of abuse.The above hope can promote the consumptive civil public interest litigation system in our country to continue to improve,and then effectively safeguard the rights and interests of consumers,to maintain the good operation of the socialist market economy.