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Study On The System Of Consumer Civil Interest Litigation

Posted on:2023-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:X R LiFull Text:PDF
GTID:2556307028492044Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up,although the rapid development of my country’s economy and the continuous improvement of people’s living standards have effectively promoted the development of the consumption field,at the same time,with the development of the social economy,incidents of infringement of public interests have also occurred frequently,especially in the consumption field.Major cases that damage the legitimate rights and interests of consumers have occurred from time to time.Based on the complexity and major social impact of the above-mentioned cases,the traditional litigation model is unable to protect the rights and interests of consumers,because from a practical point of view,in some infringement cases in the consumer field,the number of victims is large,the amount of damage is huge,and some Consumers’ personal rights protection ability is very weak,and some consumers are often unable or unable to file lawsuits considering the high cost of rights protection and the length of time for rights protection.As a result,the legitimate rights and interests of consumers cannot be effectively protected,and it is difficult for operators who engage in illegal activities.be punished properly.It can be said that the establishment of the consumer civil public interest litigation system can not only protect the legitimate rights and interests of consumers,but also safeguard the social public interests.Since the revision of my country’s Civil Procedure Law in 2012,the consumer civil public interest litigation system has been added,and the consumer civil public interest litigation system in my country has been continuously improved.Types of public interests,giving procuratorial organs the qualifications to file consumer civil public interest litigation,etc.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,which will be implemented in 2021,also provides a new definition of consumer civil public interest litigation cases that should be submitted.The materials and the application of consumer civil public interest litigation procedures have been clearly stipulated.Although the consumer civil public interest litigation system has been established in my country’s legislation,from the perspective of consumer civil public interest litigation practice,my country’s consumer civil public interest litigation still has too narrow the subject of litigation rights,difficulty in obtaining evidence,unreasonable distribution of the burden of proof,and punitive damages.Insufficient legality of application of funds and lack of right to claim compensation for damages.The existence of the above problems has restricted the role of consumer civil public interest litigation and the effective protection of the legitimate rights and interests of victims to a certain extent.Therefore,it is necessary to conduct in-depth research on my country’s consumer civil public interest litigation system.By sorting out and analyzing my country’s consumer civil public interest litigation system The current situation of the system,put forward beneficial countermeasures to solve the problems existing in the practice of consumer civil public interest litigation in my country,and effectively promote the continuous improvement of my country’s consumer civil public interest litigation system.
Keywords/Search Tags:Consumer disputes, Subject of litigation, Consumer civil public interest litigation, Penalty for damages
PDF Full Text Request
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