An Analysis Of The Types Of Claims In Consumer Civil Public Interest Litigation

The litigation request for consumer civil public interest litigation refers to in the consumer field,the litigant subject to the law,which has no direct interest in law,initiates a public interest litigation against the illegal business behavior of the operator that harms the public interest of the consumer,and requests the court to substantiate the rights of the entity.In 2016,the Supreme People’s Court issued a judicial interpretation of consumer civil public interest litigation,which established the types of litigation requests that the prosecution subject can make.However,except for litigation requests based on inaction,the judicial interpretation uses etc as a reservation.As a result,other types of litigation requests made by the subject of prosecution in judicial practice have no clear legal basis,and the standards of court trials cannot be unified.The purpose of this article is to analyze the types of litigation requests for consumer civil public interest litigation,starting from the theory of the type of litigation claims in consumer civil public interest litigation,and to compare and learn from the problems existing in the type setting in China and the practical experience of representative countries outside the country in order to draw useful inspirations,and then propose to improve our consumption Specific ways of civil public interest litigation request types.This article will discuss the following four chapters:The first chapter is a jurisprudence analysis on the types of litigation requests in consumer civil public interest litigation.This chapter mainly analyzes the connotation of consumer civil public interest lawsuits and litigation requests.At the same time,it studies the theoretical basis and influencing factors of the types of consumer civil public interest lawsuits’litigation requests.The second chapter summarizes the existing problems of the types of litigation requests in China’s consumer civil public interest litigation.From the perspective of legislation and judicial practice of different types of litigation requests,this chapter summarizes the types of inaction claims that have not been detailed through typed research,the lack of clear requirements for damages litigation types and the lack of requirements for illegal proceeds collection type.The third chapter is a comparative study on the types of litigation requests for civil public interest litigation in foreign countries.By comparing Germany,Japan,France,the United States and other countries,the clear institutional advantages of different types of litigation requests and the innovations in the implementation process are compared.At the end,we analyze the experience that China needs to draw on in the process of perfection,and finally explore the corresponding perfection ideas.The fourth chapter is the perfect suggestions on the types of litigation requests for consumer civil public interest litigation in China.Combining with the outstanding problems found in the foregoing,the perfect ideas obtained from comparison with foreign countries,and the actual situation in China’s consumer field,this chapter focuses on three aspects:improving the types of inaction litigation requests,clarifying the types of litigation requests for damages,and increasing the types of litigation requests for illegal income collection.It proposes specific and perfect measures for the types of litigation requests for consumer civil public interest litigation in China.