Research On The Types Of Litigation Requests In Consumer Civil Public Interest Litigation

In 2012,China added a public interest litigation system to the revision of the Civil Procedure Law,mainly including environmental public interest litigation and consumer public interest litigation.However,this amendment only used one clause to stipulate the public interest litigation system,and the legislation was not complete.The Interpretation of the Supreme People ’s Court on Several Issues Concerning the Application of Law in the Trial of Consumer Civil Public Interest Litigation Cases was formally introduced in 2016,prompting the implementation of consumer civil public interest litigation systems.The life of law lies in practice.Only when it is applied in practice can the value of law fairness and justice be manifested.Environmental public interest litigation has been developed to a certain extent in China,and the development of consumer public interest litigation needs to be broken through.Consumer civil public interest litigation is concerned with the protection of consumer rights and the survival and development of enterprises.Protecting the legitimate rights and interests of consumers and orderly regulating enterprises are the original intention of the system.The function of consumer civil public interest litigation is mainly realized through the plaintiff ’s litigation request.Regarding consumer civil public interest litigation,legislation provides for personality compensation requests,injunction requests,and confirmation requests,but new cases and new phenomena have emerged in relevant cases in judicial practice.The plaintiff filed damage compensation requests and punitive damages in public interest litigation request.And in consumer civil public interest litigation,the application of personality compensation appears to be of course,the application scope of the confirmation request is too narrow,and the damage compensation request and the punitive damage compensation request lack the basis of substantive law.At present,the type of consumer civil public interest litigation request is difficult to meet the functional requirements,and there is a certain deviation from the system purpose.This paper analyzes the types of consumer civil public interest litigation requests,and then points out their specific problems,analyzes the problem and makes reasonable suggestions.This article’s research on the types of consumer civil litigation claims is divided into five different parts:The first part comprehensively discusses the legislative process of consumer civil public interest litigation,specifically analyzes the basic types of litigation requests stipulated in the existing laws;sorts out consumer civil public interest litigation cases in judicial practice,and summarizes the litigation requests in judicial practice The basic type ofThe second part analyzes the cases in judicial practice and summarizes the specific problems of different types of lawsuit requests.It points out that the application of personality compensation requests in consumer civil public interest litigation has become a natural phenomenon.It is confirmed that the application scope of the request is too narrow,the damage compensation request and the punitive damage compensation request lack the legal basis,and the influencing factors of these issues are explored It is explained in three aspects:fewer types of claim rights stipulated by law,deviation in the value function of consumer civil public interest litigation,and special subject structure of consumer civil public interest litigation.The third part proposes suggestions for improving the types of consumer civil public interest litigation requests from the selection and application of judgment standards for consumer civil public interest litigation requests.The public interest standard should not be used as a logical starting point.The case should be typed through different litigation requests within the consumer group litigation structure.The purpose of the system is to provide relief to the public interest of the society,and to achieve the public welfare of civil civil litigation rules.The quantity standard is used as the formal standard;the interdependence of litigation requests and the indivisibility of remedies can be used as the judgment standard for litigation requests that should be handled in consumer civil public interest litigation,and the same kind of collective litigation requests should also be included.The fourth part is premised on the judgment standards of consumer civil public interest litigation,focusing on the damage compensation requests that have not yet been stipulated by the legislation,proposing the establishment of a diversified type of litigation requests,and putting forward suggestions on the classification of the damage compensation requests.The fifth part puts forward specific improvement suggestions for the various types of problems in litigation requests,restricts the application of personality compensation requests,and clarifies the application conditions in consumer civil public interest litigation;refines the application conditions of injunction requests;learns from the EU ’s protection of consumer collective interests The proposed directive broadens the scope of application of confirmationrequests;classifies damage compensation requests according to the nature of the damage,allowing the plaintiff to request public welfare and private benefit damages;drawing on the confirmation request and damage compensation request of the second-order construction procedure of Japanese consumer collective relief Of the joint scheme,and treat the type of collective punitive compensation requests with caution.