The Consummation Path Analysis Of Consumer Representative Action System In China

Under the background of the emergence of modern consumption type and the enhancement of consumer rights protection,the representative action system introduced in our country plays a vital role in the resolution of consumer disputes,and its unique value and function have been emphasized again in the new round of judicial reform.However,our research on consumer representative action system is often committed to the discussion and introduction of overseas system,the selected case has a long time,and it is not enough to pay attention to the judicial practice of the current consumer representative action system.Based on this,this paper takes the newly revised Civil Procedure Law in 2021 as the blueprint to sort out the operation procedures and constituent elements in the current legislation of the consumer representative litigation mechanism,and analyzes the potential concerns and problems."The life of law lies in practice",in addition to the analysis of typical cases in the past,the case of "H Yufa Tang" consumer group dispute in Q City of S Province was analyzed as a case.After several unsuccessful mediation in the consumer dispute mediation center,this case was protected through litigation.Through the case of consumers,lawyers,judges and other multi-subject attention,more vivid restore the consumer representative action mechanism of the operation of the overall picture.Compared with the previous consumer group dispute litigation,the current representative litigation mechanism has made great progress,such as rapid court trial,rich case handling means,diverse participants,but there are still many problems.From the perspective of consumers,in the operation of the current consumer representative action mechanism,consumers have a serious free-rider mentality,easy to be affected by simple value,and low trust in legal professionals.From the perspective of mechanism operation itself,there are problems in court jurisdiction,announcement registration,representative’s power and other aspects.Consumer group disputes need to be solved more properly.First of all,we should change the legislative idea and properly introduce the western mechanism.At the same time,the current system of our country should be further improved,and the special representative litigation initiated by the consumer association should be introduced to improve the general representative litigation and traditional model litigation,so as to promote the dispute settlement from the diversification to the "typified".In addition,the perfect solution of consumer group disputes cannot be separated from the efforts of multiple parties.It is necessary to build a positive interaction between consumer groups and the legal community in such cases,give play to the role of multiple groups such as grassroots courts,lawyers,consumer associations and market supervision bureau,and establish consumers’ trust in law and legal professionals,so as to truly protect the interests of consumers and maintain social order.