Study On The Public Interest Litigation Of Consumer Rights Protection In China

Since China's reform and opening up, the rapid development of social economy and expanding the market are bringing great convenience to consumers of life. However, at the same time, as the rule of law is not perfect, market imperfections and other reasons, makes the consumer rights are violated repeatedly, and constantly showing a high incidence trend. The development of our legal system lags far behind the development of society, the traditional action solves mode focuses on resolving one to one dispute, it seem to be somewhat weak while face to continuing high incidence of large-scale infringement of consumer rights and interests of the event. At present, the developed countries all have their own set of action patterns to consumer disputes, especially for large-scale disputes. Consumers of china in such an environment calls for new solutions to conflicts, to protect the interests of consumers and maintain market stability, and regulate business activities of the operators.To establish public interest litigation of consumer rights protection effectively in our local community is inevitable.Infringement of consumer rights and interests makes the general consumers worrying, there are many deficiencies and defects in means of protection:the lack of administrative management,laws and regulations is not complete, relief mechanisms are inadequate. All of these constraints have become an obstacle to China's economic development, have become constraints to the healthy development of China's consumer market. Perfecting our consumption market, regulating the business activities of operators, protecting the interests of the consumer groups should be perfecting our consumer protection solution mechanism.Building public interest litigation system of consumers' rights protection with Chinese characteristics is one important aspect. In the field of consumer protection, public interest litigation shows its own characteristics:a huge consumer groups, which makes consumer groups dispute may be greater negative impact on society, if not handled properly could lead to the intensification of social conflicts; Individual consumers relatively small amount of damage, or even negligible, based on the consideration of litigation costs and the not enough confidence of the law to make consumer rights more often in a dormant state, easy to become a "perishable rights", to a certain extent, may encourage operator's rowdy arrogance; This determines the plaintiff bound to be consumer in the design of the parties, to encourage consumers to conduct public interest litigation; Competition point of public interest litigation of consumer rights protection on the dispute makes the Public Interest Litigation of Consumer Rights Protection more feasible in theory, precisely the commonality of competition point makes a case trial to resolve a number of the same litigation as possible.Although the Public Interest Litigation of Consumer Rights Protection in China is still not established, but in practice and theory, we have carried out active exploration. In practice, public welfare protection events for consumer rights continue to occur in recent years, these reflect our customers desire for the establishment of Public Interest Litigation, these public events show some common characteristics: stronger spontaneity, public and private interest intercourse knot, the way an individual lawsuit. Theory of the "justice, the state intervention, expansionary effect of judgments, The plaintiffs qualification alleviation " also make a strong response on the construction of Public Interest Litigation of Consumer Protection in China.Construction of Public Interest Litigation of Consumer Rights Protection must start from the macro level (legislative aspect) firstly, the legislative level, legislative model and legislative process these should be taken into account, to solve these problems can make positioning of system design more accurately.Very important question of Public Interest Litigation is the eligibility of the parties,Public Interest Litigation of Consumer Rights Protection also concern about this issue. In order to protect the interests of consumer groups, there is a need to expand consumer protection plaintiff scope of Public Interest Litigation, fully mobilize the masses of consumers to take part in such a Public Interest Litigation, the establishment of a multi-level, comprehensive litigation model, changes from a "national management "to" social governance "; China's economy is in transition, the traditional economy oriented by plan and a modern market economy knot together, resulting in China's market, the existence of various business entities, coupled with irregularities in the market and commodity circulation extensions,these make us to determine the defendant difficultly in the Public Interest Litigation of Consumer Rights Protection.From the judicial level, at the filing stage, the court's admissibility criteria, the cost of litigation commitment mechanism, encouraging Public Interest Litigation of Consumer Rights Protection and regulation against the abuse of it, and maintaining a balance between economy and justice; In the trial, consumer welfare jurisdiction of the court proceedings of Public Interest Litigation of Consumer Rights Protection, the plaintiff and the defendant's burden of proof, the role selection of judges in the trial,the choice of litigation procedure, the treatment of abnormally ending judicial activities.All those become a test to legal workers'theoretical and practical operation capacity.In short, social development and awareness of consumer rights are calling for Public Interest Litigation system. In reality, the consumer protection public service event, litigation theory development and foreign public interest litigation of consumer rights protection carrying out vigorously.All those have made establishing Public Interest Litigation of Consumer Rights Protection in China inevitable.