Research On Perfection Of Chinese Financial Consumption Public Interest Litigation

Since the establishment of the "Civil Procedure Law" revised in 2012,my country's public interest litigation system has been gradually improved in various subsequent documents.Today,the public interest litigation system in the ecological environment and consumption fields has been applied.In the field of consumer disputes,the prosperity of the market economy has brought unprecedented diversified consumption patterns.Although the "Consumer Rights Protection Law" and related judicial interpretations have further stipulated the application of the public interest litigation system,they are still aimed at general Living consumption cannot respond positively to the new type of consumption-financial consumption.As a derivative product developed by the financial industry,there are inherent professional attributes and high risks in financial consumption.From the large and small disputes that have occurred in recent years,it can be seen that there are many cases that have caused serious social impacts.Since the current "Consumer Rights Protection Law" and judicial interpretations do not make special regulations in this field,there is no clear guidance on whether public interest litigation remedies can be applied to the financial consumption field.Adjudicating individual cases not only causes burdens on the parties,but also creates a backlog of court cases and creates a dilemma.The research object of this article is the financial consumption public interest litigation system.From the perspective of financial consumption,it analyzes the definition of financial consumers,the status quo and causes of financial consumption disputes.At the same time,it studies the evolution of the public interest litigation system and combines the development history and reality of the public interest litigation system in my country.The application effect refers to the similar legislative model for protecting the rights and interests of financial consumers,and provides a reference for my country to introduce a public interest litigation system in the field of financial consumption.In addition to the introduction,conclusion and acknowledgments,this article has four main parts.The first part: Introduction.Including the significance of topic selection,literature review,research methods,article innovation and deficiencies.Mainly introduce the significance of this topic from the perspective of theory and practice,and consult relevant materials to sort out the literature review on financial consumption and the introduction of the public interest litigation system.At the same time,it analyzes domestic and foreign research on the protection of financial consumers under the stakeholder litigation model.The status quo,in order to provide inspiration for the improvement of financial consumer public interest litigation.The second part: the research definition of the financial consumer public interest litigation system.Financial consumption public interest litigation has not formed a mature concept.The improvement of the financial consumption public interest litigation system is based on the current consumer public interest litigation system.Therefore,this section mainly defines the controversial topic in the special consumption type of financial consumption.Including the concepts of financial consumption and financial consumers,as well as the demonstration of public interest in financial consumption.The third part: my country's financial consumption public interest litigation system status and reasons analysis.Since there are no practical cases of financial consumer public interest litigation in my country,this section explains the gaps in financial consumer public interest litigation through financial consumption disputes combined with consumer public interest litigation cases,and analyzes the reasons for the gaps through two levels of system and practice.Part Four: Analysis of the necessity and feasibility of the financial consumer public interest litigation system.In the necessity demonstration part,it is explained from three perspectives by making up for the lack of administrative supervision,improving judicial remedies,and guiding public policies.The feasibility part is demonstrated through the mature framework of the existing consumer public interest litigation system and the support of national policies.Part Five: Ways to improve the public interest litigation system in the field of financial consumption in my country.This chapter first discusses the theoretical guidance of the financial consumer protection principle to the improvement of the public interest litigation system,and analyzes the specific system improvement direction through the special protection principle of financial consumers.Then discuss the specific system details of the financial consumer public interest litigation,including the starting conditions,the qualification of the plaintiff,damages and other related systems.