Improvement Of The Consumer Public Interest Litigation System

The legal system of our country lags behind the development of the society, consumers’ demands of the new way of dispute settlement, in order to protect their own legitimate rights and interests, maintain the market stability, regulate the business actions of the operators, therefore, China established the effective consumer rights public interest litigation system is already be imperative. The new "law of protection of consumer rights and interests" was officially implemented in March 15,2014, infringement cases can be predicted by the huge consumer groups and may be triggered by the case, will greatly promote the consumer public welfare of judicial selection procedure, then our judicial resources will be tested.Pre-procedure, i.e. before the civil litigation, the parties shall carry out before the civil procedure. The pre-procedure exist in the legal system of the common law and civil law countries and regions in its own characteristic, such as Britain’s pre-action protocols system, family mediation prepositional procedure of Japan. The pre-procedure of different countries are in different extent reduce burden, promote the settlement of disputes. The current study of the pre-procedure in our country has not been in-depth expansion, only for some special types of disputes the existence of pre litigation procedure, i.e. labor dispute litigation. China’s consumer litigation system has just established, in the process in accordance with the civil procedure of the common. It must have some problems in the application of law due to its own inherent characteristics. As the main prosecution abuse complaint behavior, whether the existence of subjective malicious, it will increase the burden of the court, but also impact on the commodity exchange relation normal, finally settling on the tort problems have a negative effect.I think a pressing matter of the moment is to solve the contradiction between the shortage of judicial resources and the surge in demand only through litigation, conduct the scientific designs on the program, to ensure the unity of justice and efficiency of lawsuit. Diversity in the number of consumers and the uncertainty case determines the complexity of such proceedings, the pre procedure is undoubtedly the best way to ease the possible litigation explosion situation, it can not only avoid the waste of litigation resources, improving the efficiency of lawsuit, interlocking system design is more can avoid litigation unjust problem. The pre procedure consumer rights public interest litigation should be a necessary procedure to enter the stage of formal proceedings, it is necessary to precipitate into the stage of formal litigation cases, early resolved without litigation cases, to ensure the orderly and accuracy of the program.