The Research Of Litigation Mechanism Of Mass Comsumers’ Disputation

The modern society has been turned into an economic era with mass production and mass consumption.However,the events of infringement also tend to large scale.“Hewlett Packard quality event” and “Sanlu milk powder quality event” can fully indicate that consumer infringement presents majority,complexity and dispersivity,homogenization of infringement,big gap of social status between both depute sides,large social influence,damage to social interest and lack of the mechanism of lawsuit relief.China has five resolutions in Law of the People’s Republic of China on Protection of Consumers’ Rights and Interests,they are reconciliation,conciliation,appeal,arbitration and litigation.The former four resolutions have low force while litigation has more superiority on execution and operability.In our traditional litigation system,single litigation and joint action can not meet the need of group deputes.Therefore,it’s specially necessary to establish group deputes system.Firstly,we must define the concept of group litigation to build the perfect group litigation mechanism.The determination of concepts has important significance both for the judicial practice and the theoretical research.The legislation and practice of our country’s mass consumption disputes litigation system have its own characteristics.In judicial practice,the court mainly uses separate filing,consolidated and representative litigation,and the way the public interest litigation,when dealing with mass dispute.The representative litigation is the main group lawsuit system in our country.Its development is relatively long.However,because of the defects of representative lawsuit still existing in the system design and the court’s indifference,representative lawsuit system does not see more in our country’s judicial practice.After the revised civil procedure law takes effect in 2013,the public welfare lawsuit system has been formally established in our country.The new 2014 consumers rights and interests protection law stipulate that above the city and the city consumers association enjoy public interest litigation,the 2015 civil procedure law has made comparatively detailed rules of the specific rules of judicial interpretation of public interest litigation.We have reason to believe that public interest litigation will play a more important role in the maintenance of consumers’ rights and interests,solving the mass consumer disputes.When building our representative litigation system,our country had borrowed from Japan’s selected party system,and so on.An investigation on the litigation mechanism of the foreign related consumer disputes can enrich the theory of group litigation in China,and promote to build group litigation system.To improve the system of group action,first of all we should know the value orientation of reform,secondly we should according to the specific characteristics of the system to put forward the corresponding suggestions.