Research On The Legal Issues Of The Initiation Of Consumer Civil Public Interest Litigation

The system of consumers’ civil pubic benefits is to protect the legitimate rights and interests of consumers.With the rapid development of economy and society,the consumption structure has changed,the various kinds of consumer goods and services provided by operators are increasingly rich,and new consumer products are emerging.At the same time,there is disorder in some areas of the market,especially in today’s information age: The speed of circulation of goods and services has been greatly accelerated.In a short time,high profits can be obtained by illegal means which makes illegal operators take risks and repeatedly infringe on the legitimate rights and interests of many consumers.In order to build and improve a multi-level and diversified legal system for three-dimensional protection of consumers’ rights and interests,the consumer civil public interest litigation system came into being.Meanwhile as a new legal system,there are inevitably a series of problems in the process of system construction and judicial practice,Therefore,the best way to promote the sound development of consumer civil public interest litigation system that it is to explore and solve these problems.Based on the investigation and analysis of the current situation of the known judicial cases,this paper will focus on the causes of the difficulties in the initiation of consumer civil public interest litigation and give targeted suggestions for improvement.Based on the investigation and analysis of the current situation of the known judicial cases,this passage will focus on the causes of the difficulties in the initiation of consumer civil public interest litigation,and give some suggestions for solving these problems.In general,this article introduces and analyzes the practice of consumer civil public interest litigation,using tables and illustrations to show the case characteristics of consumer civil public interest litigation system since its establishment.And according to comparison of longitudinal and transverse to reveal the trend of the relevant data in the litigation start-up stage.In the meanwhile,this article will classify the problems existing in the starting stage of consumer civil public interest litigation into four aspects: the scope of application,the qualification of the starting subject,the pre-existing procedure and the litigation request,and makes a concrete demonstration and analysis.Based on China’s national conditions and refencing from the advanced experience of foreign countries,and some targeted solution are given in the article.Specifically including: Firstly,clear the specific litigation scope of consumer civil public interest litigation to solve the identification of public interest in judicial practice;Secondly,strengthen the strength of starting the main litigation,expand the litigation level of consumer associations,administrative organs to participate in and assist the start of public interest litigation,and establish the lawyer’s public interest risk agency service system;Thirdly,reduce procedural obstacles and simplify the part Pre litigation procedure,perfecting the procedure of opening evidence before litigation;Fourth,we should add the types of claim right to compensate for the loss and to hand over the illegal gains.At the same time of increasing the illegal cost of illegal operators,we should make up for the loss suffered by consumers,protect the enthusiasm of public interest litigants to carry out litigation activities,and finally form a virtuous circle of preventing and punishing illegal infringement and protecting social public interests,especially the legitimate rights and interests of consumers.