The Establishment Of Consumer Class Action System In China

The protection of consumers’ rights and interests has always been an inevitable problem in the economic development and the rule of law society.Compared with other areas of litigation,the particularity of consumer litigation is that consumer tort compensation is in the form of "Snow" and accumulated by thousands.Although there are many legal systems on the protection of consumers’ rights and interests in China,such as the public interest litigation of Consumer Association,the public interest litigation of consumer prosecution,the representative litigation system and so on,they have not completely solved the problem.Throughout the world,under the unique legal culture and system of the United States,the consumer class action system has played a very good role in the protection of consumer rights and interests.Therefore,the problem to be studied is: how to establish the consumer class action system in China.The research on this issue needs to solve the following problems: what are the difficulties in consumer rights protection and litigation process;Why the existing consumer protection system in China can not play a protective role,or why it can not solve consumer problems well;What kind of cultural background does the American consumer class action system apply to;How the system works;What benefits and lessons have been gained in the process of development;Whether it is really necessary to introduce a new system to solve the problem;If not,what useful experience can we learn from the study of American consumer class action system.In view of this,this paper will start from the first question,and finally deduce the conclusion.The first part of this paper analyzes the case of Liu Xuejuan,one of the Gazette cases of the Supreme Court.The court of second instance supports Liu Xuejuan’s reasonable claim and rejects it at the same time.The reason is: limited by the nature and function of civil action,the right subject and object involved in the civil action initiated by consumers are only the litigants,It is also the parties to the case who get compensation.So,what about other consumers who were also infringed by the defendant company? How can their legitimate rights and interests be protected?The second part of this paper is based on the summary of online cases of judicial documents,selects typical cases to analyze the problem of consumer rights protection.Find the difficulties,and then analyze why these difficulties have not been solved,that is,the limitations of China’s existing consumer litigation system.The third part of this paper introduces the American consumer class action system.In order to study a system,we must understand its origin and study its historical evolution.Therefore,first understand the origin and development of American class action system.The broad sense of class action system is a collection of group action system,while the narrow sense of class action system is only American class action system,so we study the characteristics of American consumer class action system.Finally,it studies the experience and lessons in the development of American consumer class action system,which provides a basis for whether China should directly introduce the system.The fourth part of this paper focuses on the feasibility of introducing American consumer class action system directly into China,and analyzes why China should not introduce this system directly from three aspects of social environment,legal system and legal culture.On the basis of reasonable reference,this paper puts forward suggestions for the establishment of Chinese consumer class action system.