A Study On The Types Of Claims In Consumer Public Interest Litigation

Consumer public interest litigation is a kind of institutional innovation to safeguard the legitimate rights and interests of many unspecified consumers and public interests,which plays an irreplaceable role in the field of consumer rights protection.Along with the social development,however,consumption patterns from offline to online,bring consumer convenience at the same time,consumption increasing cases of infringement,tort means emerge in endlessly,and increasingly wide scope of infringement,the increasingly serious harm results,consumer rights protection and social public interests damage has gradually evolved into pain points of social development,it needs to perfect the consumer public welfare lawsuit system construction.For accounts for most of the public welfare lawsuit request type of research,is the key to the system function,core,undertake as litigation claims is the purpose of the carrier,only divided into different kinds of demands,enrich its contents,build perfect appeal typing system,can be targeted,according to different cases,different situation,put forward different demands,To realize the litigation purpose of safeguarding the legitimate rights and interests of consumers and public interests.At the same time,it clarified the types of consumer public interest litigation,provided the correct legal basis for judges to make decisions,guaranteed the relief of social public interests to the greatest extent,and enhanced the ability of consumer public interest litigation system.The existing type of preventive appeal plays a certain role in preventing illegal acts and preventing potential dangers,but its legislative provisions are relatively simple,lack of clear applicable norms and procedural system,its scope of application is not clear,the standard is not unified,and weaken the prohibition and prevention function of preventive appeal type.Therefore,it is necessary not only to perfect the existing types of appeals and strengthen their functions,but also to increase the types of claims for damages and collection of illegal income,so as to exert the functions of compensation and deterrence,make up for the deficiency of preventive relief and meet the needs of practice.At the same time,to provide diversified request types is more conducive to the realization of consumer rights protection,to solve the pain point of consumer rights protection.In addition,to study the types of claims in consumer public interest litigation,we should first define its connotation,analyze the basis and significance of the classification of the types,and explain the importance of the research.At the same time,combined with judicial practice analysis and legislative status,we should discuss and analyze the types of preventive claims,claims for damages,and claims for recovery of illegal gains.It is found that there is a lack of specific provisions on the applicable content and procedure of the existing preventive appeal,so suggestions are put forward to improve the problems,and the applicable content and procedure guarantee are stipulated in detail.As for the claim for damages,it can be divided into compensatory claim and punitive claim.Because of the lack of their types,we should analyze the necessity of adding compensatory claim,learn from the experience of the United States and France,construct the applicable rules and operating procedures of compensatory claim,and set up the applicable requirements of punitive claim.Similarly,for the deficiency of the claim type for recovery of illegal income in China’s legislation and practice,we should first define its meaning,analyze the necessity of adding,and establish the claim type in line with China’s reality to make up for the deficiency of other claim relief by drawing inspiration from the relevant system in Germany.The characteristics of the study are to enrich the contents of the petitions from three different types of petitions,and to construct a diversified system of litigation claims,so as to satisfy the diversified demands for rights protection in practice,protect the legitimate rights and interests of the unspecified majority of consumers and social public interests in an all-round way,and make their social development go steadily and far.