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Consumer Public Interest Litigation Research

Posted on:2022-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2516306614962699Subject:legal
Abstract/Summary:PDF Full Text Request
With the emergence of Article 47 of the Law on the Protection of Consumer Rights and Interests in 2013,the consumer public interest litigation system appeared in China's laws.However,a large number in China,and the endless consumer infringement incidents caused the consumer public interest litigation system in China.Consumer infringement event is directly related to people's livelihood and needs to be paid full attention to.Only by constantly improving the consumer public interest litigation system can the rights and interests of consumers and promote the development of market economy be safeguarded.From the perspective of China's judicial practice,the paper summarizes the loopholes in China's consumer public interest litigation system,analyzes the advantages and disadvantages,and comprehensively puts forward the problems of expanding the scope of plaintiff qualification,improving the litigation procedure rules,and determining how to apply the punitive compensation rules.The article believes that the scope of procuratorial litigation should be expanded,and the subject of consumer public interest litigation should be increased,including municipal consumer associations and individual consumers.Increase the pre-litigation procedure to reduce the consumer litigation costs and the burden of proof.Clarify the subject of punitive damages,calculation method and income distribution of punitive damages.In order to improve China's laws and safeguard the rights and interests of consumers,this article will put forward practical suggestions from the legislative level,and constantly improve China's consumer public interest litigation system.
Keywords/Search Tags:public interest litigation, consumer rights and interests, Subject of action, punitive compensation
PDF Full Text Request
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