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Research On My Country’s Consumer Public Interest Litigation System

Posted on:2022-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J C WeiFull Text:PDF
GTID:2506306326997309Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,television,Internet and other media and platforms have frequently reported consumer infringement incidents.From the “Sanlu Milk Powder”incident that caused a national sensation in 2008,to the “Zhilian Recruitment,51 job,etc.” recruitment platforms that broke out in the March 15 th party in 2021.The resumes of sales users,the reproduction of feed supplementation with clenbuterol in Hebei Qingxian farms,and the frequent occurrence of battery fires and brake failures in the new energy vehicle Tesla" have once again refreshed people’s understanding of the chaos in the consumer market.In 2020 alone,the National Consumers Association received nearly one million consumer complaints,covering all areas of clothing,food,housing,and transportation.The problems reflected by these incidents concern the personal and property safety of every consumer,and affect the order of the social market,and must be taken seriously.The consumer public interest litigation system,as an important judicial means of protecting rights in the consumer field,refers to the civil public interest litigation activities initiated by law-provided agencies and related organizations against operators who infringe on the legitimate rights and interests of an unspecified majority of consumers in the consumer field.Since the system was established in2012,it has played a certain role in safeguarding consumer rights and punishing illegal operators,but it has never achieved the expected results.The main reason is that there are still omissions in the legislation of the consumer public interest litigation system in my country,and the regulations on the relevant systems are more principled and vague,which leads to the failure of the expected effect in judicial practice.In addition,through the analysis of the judicial status of consumer public interest litigation in my country,it can be seen that the judicial practice of consumer public interest litigation in my country is relatively slow and fails to truly exert the effect of safeguarding consumer rights and social public interests.Therefore,this article will start from the dilemma of the system.First,it summarizes and summarizes the relevant legislation and judicial status of the consumer public welfare system.It elaborates on the four aspects of the plaintiff subject,litigation claims,pre-litigation procedures,and related supporting systems.There are still some problems in the system,such as the limitation of the plaintiff,the incomplete pre-litigation procedures,and the lack of a unified public interest litigation registration and management system.Secondly,based on the above-mentioned issues,it conducts a comparative law study on the consumer public interest litigation system,respectively inspects and introduces the relevant legislation of the consumer public interest litigation system in the United States,Japan,Germany and other countries,and summarizes beneficial enlightenment for the improvement of my country’s system on this basis;Finally,in view of the original problems in the consumer public interest litigation system in my country,based on the specific national conditions of our country and the relevant mature experience of foreign countries,corresponding perfect countermeasures and feasible suggestions are put forward in a targeted manner.
Keywords/Search Tags:Consumer rights, The public interest, Public interest litigation, Consumer Public Interest Litigation
PDF Full Text Request
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