Study On Legal Issues Of Consumer Public Interest Litigation

In the past few years, events like Sanlu Milk Powder that damage non-specificconsumers’ interest frequently occur. Consumers suffering in these incidents were in greatnumber and wide spread, which results in difficulty in protecting the interests of these victims.As the current law such as Law of the People’s Republic of China on Protection of ConsumerRights and Interests and Civil Procedure Law of the People’s Republic of China (2007Amendment) do not sufficiently cover the protection of consumers’ rights and interests, it isnecessary to build the system of consumers’ public interest litigation. This article offers a blueprint of building the consumers’ public interest litigation based on analyzing classic cases andthrough studying foreign experience and considering home situations.This article consists of5parts:Part1‘Sanlu milk powder incident leads to the interests of consumers relief’. This partintroduces the Sanlu Milk Powder Event, and analyzes the insufficient of relief, and ends withthe necessities of building the system of consumers’ public interest litigation.Part2‘definition and value analysis of consumers’ public interest litigation’. This partmainly introduces the concept and nature of consumers’ public interest litigation, and definesthe ‘public interests’ that fall in the protection of consumers’ public interest litigation. Thesocial value of consumers’ public interest litigation lies in protecting consumers’ rights andinterests and maintaining public order, while economic value of consumers’ public interestlitigation lies in retrenching litigant resource and enhancing litigant efficiency.Part3‘institutional obstacles of building institution of consumers’ public interestlitigation’. This part mainly introduces the legal obstacles and jurisprudential obstacles ofbuilding institution of consumers’ public interest litigation, including the difficulty of sharinglegal costs, burden of proof, and proper involving party theory.Part4‘foreign institution of consumers’ public interest litigation’. This part mainlyintroduces U.S.A. class actions, Japanese institution of proper involving party. Summarizetheir common and Establishing the consumer public interest litigation learn.Part5‘solutions of building institution of consumers’ public interest litigation’. Thispart mainly discusses building and improving institution of consumers’ public interestlitigation by putting forward solutions of building institution of consumers’ public interest litigation, such as confirmation of proper plaintiff, procedure, incentive institution, reliefinstitution, and limiting institution of consumers’ public interest litigation, and governingprecedents.Which focuses on the Consumers Association of subjectivity and the association toimprove itself to better consumer public interest litigation has put forward some own views.