Research On The Class Action System Of Consumer Rights Protection

Due to the lack of social responsibility of illegal operators and the imperfect group litigation system in China,consumer group disputes are becoming more and more intense.From the legislative status quo,China has not yet provided for the consumption class action,and the provisions on the joint action are also few.Through the analysis of typical cases such as Sanlu Milk Powder Case and Shanghai Disney Forbidden Food Case,it is not difficult to find that a series of irreconcilable contradictions have resulted from the disconnection between legal provisions and judicial practices.The limitation of traditional litigation subject qualification makes consumption public interest litigation and representative litigation unable to give full play to the system advantage effectively.Lack of litigation motivation and professional skills,it is difficult to start group proceedings;The existing litigation system is helpless in the face of consumer group disputes and the damage compensation system has not yet found the best footing in the mass victim relief,which challenges the group litigation mechanism in China.Therefore,the construction of consumer rights protection class action system in line with China’s national conditions should be put on the agenda.On the one hand,the construction of consumer class action should follow the following basic ideas: based on their own national conditions,the analysis of the basic domestic environment,improve the feasibility and science of legislation.At the same time,it makes an in-depth study of the relevant regulations,theories and practices outside China,and seeks for the excellent experience that is beneficial to the operation of consumer class action in China from the aspects of the qualification of the subject of the exercise of collective rights,the way of consumer collective organization and the provisions of collective damage compensation.In addition,to improve the pluralistic dispute settlement mechanism to ensure the smooth progress of consumer class action.On the other hand,the concrete idea of constructing the system of consumer class action should be based on the existing problems of consumer group litigation.First,improve the system of class action subject.Entrust consumer rights protection organizations to initiate consumer class action subject qualification;Get through the channels for consumers to participate in and supervise the class action proceedings;Increase the participation of lawyers in class actions.Second,under the premise of accepting the opt-out system organization of consumer collective,select the procedure starting mode according to the situation;A one-way expansion of favorable outcomes is allowed when an exit system is used.Thirdly,the consumption class action cases are divided into small majority and large majority for damage compensation calculation.Small majority reparations are not distributed to affected consumers and are used to compensate the organization that initiated the action or to benefit the victim in a flexible manner;A large amount of compensation is allocated to the victims.If the compensation cannot be made due to the lack of motivation to protect their rights,the compensation fund system and corporate liability insurance system can be established to protect their rights and interests.