Study On The Compensation System Of Consumer Public Welfare Lawsuit

With the rapid development of economy,the scale of production and consumption is expanding,and the status of consumption in people’s lives has changed greatly.The expenditure in people’s lives has moved from on the basic necessities to on high-grade goods or even luxuries.Naturally,consumption has become a powerful factor of economic growth.However,while consumption has promoted the economic prosperity,it has also caused some negative effects.Thus,establishing the consumer public welfare lawsuit system is the choice of the time.Our country has made untiring attempts on establishing the consumer public welfare lawsuit system,such as the Amendment of Civil Procedure Law and the Amendment of Consumer Protection Act,which suggests the country’s steadfast determination to protect consumers’ rights and interests and to create a good consumption environment.However,there is no compensation system of consumer public welfare lawsuit in the consumer public welfare lawsuit system.To let the consumer public welfare lawsuit function properly,it is necessary to include the compensation system in the consumer public welfare lawsuit system.To protect consumers’ legal rights and interests,it is necessary to carry out research on the compensation system.The compensation system of consumer public welfare lawsuit refers to a system in which courts are asked to sentence liability subjects to assume compensation liability when a consumer’s rights and interests are violated.Compensation system of consumer public welfare lawsuit has been established in American,Brazil and Japan.Relative regulations in American on compensation calculating and surplus compensation disposing are precise.And “two-stage judgment model” in Brazilian compensation system of consumer public welfare lawsuit is learnt by many other countries.And restrictions on the subject of right who can ask for compensation and the application scope of compensation in Japan also are worth learning from.Establishing of the compensation system of consumer public welfare lawsuit in our country can be considered from the following parts: firstly,setting protecting public welfareprinciple,giving consideration to private interestsprinciple,and multi-participation of subjectsprinciple as three main principles.And then consider the two restrictions of the application scope of compensation: one is the monetary payment cases;another is the small dispersing type cases.Third,as for right subjects of compensation,I suggest to definitize the right of claim of procuratorial organs,the China Customer Association and the customer association established by provinces,autonomous regions,and municipalities.Moreover,compensation should include compensatory damages and punitive damages.The calculation and distribution of compensation can use the two-stage judgment model and when it comes to the second stage,the evaluation and allocation of compensation can be taken into consideration.Fifth,for the management and supervision of compensation,customers associations will manage compensation during the stage of distribution,and the surplus of compensation after the distribution will be paid to China Foundation of Consumer Protection.The surplus of compensation will be used for protecting consumer public welfare,and strict regulation of supervision should be established to make sure that the use of compensation is open and transparent.