Discussion Of The Path Choice Of Consumer Group Litigation In Our Country

There are so many kind of consumer group litigation forms,such as class action,group action etc.At present our country consumer group litigation only includes two forms that one is the consumer public interest lawsuit and another one is the representative action.Whether the consumer group action exists or not is still controversial.This article mainly draws lessons from the judicial experiences of the United States,Japan,Germany,Sweden and Taiwan area which goal is to improve and perfect the path of choice of our consumer group litigation.We don’t discuss the representative action here.Infringement phenomena in consumption field increasingly capture our eyes.For the moment,the protection system of the consumer group litigation is absent.Because the consumer public interest lawsuit just begins,lacking of subject of action,only including injunctive action,without supporting mechanism of litigation expenses.On the basis of the other counties experiences and research,we could consider to open the subject of action.As to the minor and disperse damage,we could classify them into the consumer public interest lawsuit and allow consumer groups to litigate skimming-off claim.As to the large tort damage,we could authorize some consumer groups litigation right to carry out consumer group action.Final,for the sake of more litigation motivities of consumer groups,we should build the litigation expense payment mechanism by third party.This article is divided into four parts:In the first part,we should sort out the basic facts of the consumer public interest lawsuit.First of all,we need to define the definition of the group litigation and find out the distinctive forms of the consumer public interest lawsuit.Secondly,we may summary and analyze the emergence background of the consumer public interest lawsuit,also including the development history of the consumer public interest lawsuit.In the second part,we go through a comprehensive analysis on the consumer public interest lawsuit.After that we could find three obvious problems,such as lacking of subject of action,only including injunctive action,without supporting mechanism of litigation expenses.In the third part,introduce the specific forms of other courtiesconsumer group litigation.Aim at the three above problems to mainly introduce the other countries legislative experiences of the group litigation,the goal is to improving our consumer group litigation.In the fourth part,propound our suggestion about the path choice of the consumer group litigation.We should consult the other countries legislative experiences of the group litigation to improve our institution on subject of action,damage compensation claim,litigation expenses.Although the suggestion is immature,I still hope it can achieve certain effort.