Study On The Litigation System Of The Group Consumption Dispute

Group consumption dispute as a type of group disputes, it not only has the common point of group disputes, but also is different from other types of group disputes. To study the mechanism of action from the characteristics of the dispute, it is more meaningful than the litigation system to system. Consumption dispute as a modern type dispute, using the traditional litigation system theory and action can not be truly effective solution to suit this type, but the modern system provides a more broad system platform. In the group consumption, many victims did not exercise to protect their rights because of the damages is small amount, which means consumers become silent victims and the right of consumers is perishable right. In order to protect consumers access to justice effectively, removing the institutional barriers to exercise their rights is important. At present, the method of study on group of consumption disputes is relatively simple, and by groups of action to investigate group consumer disputes. In the practice, the representative litigation system and the class action can not meet the population needs of the settlement of consumer disputes. litigation solutions outside the system occupy more important positions, highlighted in the government's administrative solution. Undeniably, the government solution is faster, more flexible and authoritative than the court, but the administration of justice as a most important dispute solution and the ultimate means to solve dispute. So we should be establish the litigation system to deal with group of consumption dispute, which brings the judicial settlement of dispute, maintaining social stability and function. Different types of cases require different procedures. Such disputes different from the other system in litigation proceedings depend on the features of group consumer disputes. Mass consumption of a dispute system pay more attention to protecting of the rights and achieving interests of consumers, which ask a judge to clarify timely how to exercise the right, ask to set up convenient procedure rules for the consumers, relieve the litigation costs, lawyers can also help consumers, there are public interest groups to appeal consumer right when consumer cannot prosecute and so on. Meanwhile, it adopts diversified procedure concept, which meas seeking multiple within the proceedings, it is to say, in the one hand, a single action, joint action and representative action litigation and other traditional role of the program continue to meet the needs of groups of consumer disputes, and use public interest litigation to protect the public interest prosecute when nobody is reference to protect it. In the other hand, the pursuit of multiple proceedings outside the court, it does not deny the role of non-complaint mechanism, pay attention to their institutional advantages.