| In recent years,there have been a large number of cases of infringement of consumers’ rights and interests.The Supreme People’s Court modified the Explain on Several Problems relate to the Program of the Law to the Trial of Consumer Civil Public Profit Lawsuit(hereinafter referred to as the Interpretation)at the end of 2020,which stipulated the right to stop infringement,remove obstruction,eliminate danger,and make an apology,but did not clearly stipulate the right to claim damages.With the development of judicial practice,all walks of life are calling for the establishment of damages compensation system for consumer public interest litigation as soon as possible.Based on the "sick pig case" in Guangdong province and the "poison deep-fried stick case" in Zhejiang province,this paper analyzes the development of the right of claim for damages in consumer public interest litigation in our country,and finds that the right of claim for stopping tort and removing of obstacles is not enough to punish illegal proprietors and protect the legitimate rights and consumers rights.The objects of consumer public interest litigation is to protect the public advantages and protect the rights and interests of consumers,and the right of claim for damages has the function of punishment and protection,which is conform to the purpose of consumer public interest lawsuit.The high amount of damages will also greatly increase the cost of illegal activities,to deter illegal operators,prevent other operators from the same illegal activities,and promote the healthy and orderly development of the consumer market.At present,the main reason that hinders the development of the right of claim for damages in China is the influence of the concept of private interest litigation on the system of consumer public interest litigation,that is,the main body of the plaintiff of consumer public interest litigation who thinks that his rights and interests are not infringed by illegal operators cannot enjoy the right of claim for damages because he has not suffered any loss.In addition,the uncertain qualification of the enforcement of the right of claim for damages and the obstacles in the procedure of claim for damages are also the direct reasons that hinder the inclusion of the right of claim for damages in consumer public interest litigation.We should draw lessons from the United States,France,Germany,Japan and other countries the beneficial experience in damage compensation claims system,learning outside of the country’s consumer public welfare lawsuit system of damage compensation claims trial mode,the range of lawsuit,reconciliation and compensation for damage calculation,above all it is extraordinary of the lawmaking and judicial practice in our country,development is suitable for the situation of our country’s consumer public welfare lawsuit system of damage compensation claims.In this regard,I think we should start from the following aspects:first,improve the basic principles of the right to claim for damages in consumer public interest litigation,including the principle of balancing private interests and public interests and the principle of modesty.Second,Making clear the exercise of main body of the right to claim for damages in consumer public interest litigation are mainly consumer associations and procuratorial organs.Provincial consumer associations should not only be included in the scope of the subject of the right to claim for damages in consumer public interest litigation,but even the subject qualification should be extended to municipal consumer associations.Thirdly,the calculation method of damages should be improved,and the sales profit of illegal operators should be taken as the base standard,and multiple standards should be comprehensively judged by considering various factors,so as to uphold the principle of justice and make a just judgment.Fourth,improve the allocation of compensation for damage,establish special consumption public foundation for management and distribution,compensation for damage,establish an effective supervision system is to protect consumers’ right to know,in the foundation to establish a special supervisory board and so on internal supervision mechanism,to carry on the omni-directional supervision and the distribution of the damages,the greatest degree of play to the role of the compensation system. |
