Research On Legal Issues Of Consumer Public Interest Litigation

With the changing of our country market economy development,the emergence of the consumer public welfare lawsuit system is the inevitable result,with the scientific and technological progress and social development brings the increase of the degree of information asymmetry,and consumers in the weak position in the increase of the degree of information asymmetry under rather than change,rights instead more vulnerable to damage,and combined with consumer groups living itself is more dispersed,and the individual's own strength there is a thin,are no match for large operators,and it's not just the consumer rights are violated in real life,some new network consumption patterns,and some large chain industry expand make illegal conduct involved in increasing the number of consumers,but these consumers often because of the weak,not,nor suffer or businesses compete with large enterprises is even more difficult to get relief.Appear this kind of circumstance,we must formulate relevant protection system and some rights relief channels,or in the long term it will not only damage to the consumer the rights of the individual,but also will affect the good running of the whole social economy,the overall social welfare decrease.Together,now the era of the need to consumers' rights and interests protection system,and more need to improve and development,so as to better safeguard the rights and interests of consumers,and increase economic benefits,as well as the protection of the extremely important social benefits,so consumer public welfare lawsuit system in the present is indispensable.practice in our country,have long been the case about consumer disputes,but until the late people gradually aware of the existence of public interest litigation,and the legislation of many consumers to be lagging behind in the regulation of public interest litigation practice,the people of the latest 2012 v.method first made provisions for public interest litigation,but the provisions are too general,only principled regulations,just can put forward,and who can bring to filed the lawsuit,but for our country's consumer public welfare lawsuit system to further improve provides a good foundation,pointed out the development direction;Later in 2013 new elimination of consumer public interest litigation made some specific provision,mainly for disappear assist filed a public interest litigation system to do the rules,the rules for the consumer public welfare lawsuit system to provide a more solid foundation for further perfecting of the consumer public welfare lawsuit system in ourcountry on the construction of an even more solid step,however,the system still has a lot of drawbacks,many specific provisions of the law has not worked out,so these is still worthy of our efforts;In 2015,the supreme law of judicial interpretation of public interest litigation cases filed conditions made specific provision.However,the construction of the system or have been on the road,still needs us to try to improve,not only is our law is not perfect,our judicial practice also unsatisfactory,appear this kind of phenomenon the reason is that the consumer public welfare lawsuit system in our country to establish time too short,so much so that many institutional design is not perfect,there are a lot of insufficient places,so,we should strive for.In order to strengthen the protection of consumer rights and interests,on the one hand,our country should continue through the establishment and perfection of the legislative or judicial interpretation comprehensive consumer public welfare lawsuit system,on the other hand,we also want to learn in the judicial practice,constantly improve the system.This paper mainly expounds the related issues of consumer public interest litigation,and hopes to have some enlightenment on the establishment and improvement of China's consumer public interest litigation system.The argument goes from five parts.The first is the introduction of the article,including the background and status,significance and innovation points;secondly,the basic theory of consumer public interest litigation system is studied.Including the understanding of public interest litigation and its characteristics,and the concept of consumer public interest litigation,through different theory point of view to grasp the meanings,characteristics and roles of the consumer public interest litigation,and realize the importance of the system,thus it is concluded that the consumer public interest litigation in our country judicial practice the feasibility and the necessity of building the system in an all-round way,this is not only the need of social and economic development in our country,also is the international trend;Again from two aspects of legislation and practice,analyzes the present situation of consumer public interest litigation system in China,respectively expounds the subject existence dilemma,on the consumer public welfare lawsuit procedure is imperfect and the consumer public welfare lawsuit the referee played problems,to know these problems and present situation will help us better understand the consumer public welfare lawsuit process,which can better improve the system;Then starting from the perspective ofcomparative law,in the aspect of public interest litigation in many countries with mature legislative cases and rich practical experience,this article draw lessons from foreign successful legislation and practical experience,combined with China's national conditions,try to put forward suitable for our country's high maneuverability and national characteristics of legislation or policy recommendations;Finally,the author puts forward some Suggestions on the improvement of the system,including enlarging the main body of the plaintiff,perfecting the related procedures,clarifying the conciliation and the validity of the judgment.Put forward his opinion based on the analysis of relevant theories,and analyzes the relevant system of some countries abroad and summarizing,reference and reference for our country,to build in accordance with the situation of our country's consumer public welfare lawsuit system,in order to better safeguard the rights and interests of consumers,safeguard the interests of the country.Historically,the perfection of a system is not achieved overnight,it surely from formulated and issued to mature filleting this tough test,it need to formulate relevant laws and regulations in the national legislature,also needs the scholars and experts to contribute actively,even need every citizen consciousness of ascension and the execution of the action.In short,in our country at this stage,it is still a long way to improve the public interest litigation system.