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Completion Of Public Interest Litigation Concerning Consumers

Posted on:2014-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:G ShangFull Text:PDF
GTID:2256330401985351Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the commercial society,commercial transactionsbetween the consumers and producers are becoming more and morefrequently.According of the cases about consumers in recent years,the victims are inmass distribution.Compared with the producers,the consumers are vulnerable.Oncethe producers invade the consumers’rights because the strength of the consumers andprocedures is very different,the consumers dare not sue,are unwilling to sue,or fail inthe litigation.This incurs the result of that the consumer can not protect the legitimaterights and interests.However,the producers escape from the law,and obtain illegalbenefits.We need a new litigation system to safeguard the legitimate rights andinterests of consumers groups.On august31,2012,the amendment of the CivilProcedure Law stipulates Civil Suit System.But,the amendment is principled and lackof supporting systems.The article studying on public interest litigation aboutconsumer groups,to perfect it.The full test is composed of four parts.The first part is about the outline of the public interest litigation about theconsumers.On the basis of public interest and public interest litigation,it elaboratesthe meaning of public interest litigation of consumer;According to compared with thetraditional private interest litigation,analyze the characteristic of the public interestlitigation about consumers;and analyze the value in modern times.The second part is about the analyzing of short of the current system on the basisof typical case,;from the point of the new law,it proposes the need of the completion.The third part focus on the crucial point——plaintiff qualification,it analyzesthe some other countries or areas’systems.The forth part is about the scheme of completing the public interest litigationabout the consumers.It includes seven aspects.They are the changes of the Court,theplaintiff qualification,the evidence system,the payment of litigation costs,the propertypreservation system,the effectiveness and implementation of the judgment,and the attribution,and the allocation of the compensation.
Keywords/Search Tags:Public interest litigation, Public interest litigation about the consumers, Plaintiff qualification, System completion
PDF Full Text Request
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