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The field of consumer protection research group litigation

Author: LiZuo
Tutor: ZhangYanRui
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: consumer protection group litigation class action representative action legislative suggestion
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 186
Quote: 1
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Abstract


In recent years, the quantity of incidents happened with a rapid race, which arousing people’s attention on the interest of the protection of the vulnerable groups. Consumer group is such a large number of but weak group. Buying products from various suppliers, facing a range of goods, consumers enjoy this great era which brought a wealthy of material life, but also inevitably encounter all kinds of violations from occurring at the same time. From Sanlu milk powder sensational incident, outrageous events of Hewlett-Packard computer to so-called Teeth Defending Disease Organization which is totally having no legal personality certification.... a series frequent occurrence of incredible events, stunned us, however, more than in anger, we are surprised to find that in our existing legal system, so unscrupulous businessmen even with impunity, and the law do nothing to them. The existing representative system, most people do not want to pay more and bear the return of the small work, most people will choose to "free ride" to make a general lack of consumer groups active litigation. The main reasons are:on one hand, consumers are reluctant to bring litigation whose effort and reward is disproportionate because such time-consuming and laborious proceedings, facing long road rights-free period and daunting legal fees, most consumers will choose tolerance and compromise; on the other hand, even if the consumer filed a representative action, to pay a great deal of time, energy, get all proportion to the compensation, the consumer is concerned, can be described more harm than good; while the business is concerned, there is no hurt the nail on the head allows a lot more illegal producers and sellers take advantage of, to avoid legal sanctions, to continue with impunity, as the expense of legitimate rights and interests of consumers.Group litigation is an effective way to protect the interests of the group, given the characteristics of the current system. We need to introduce such a dispute settlement mechanism, thereby to protect the interests of the consumer groups, in order to keep our society and economic harmonious and orderly, and develops healthily and stably.Group litigation originated in Germany, is widely used in consumer protection and so on. It is consistent with statutory requirements of public welfare organizations in specific areas, in order to safeguard public interests or the interests of its members, according to a specific legal right granted to members or groups the right to the name of their own against those who filed the complaint is not as complaint for damages or compensation, and enjoy an independent right of action and substantive rights of a group action mechanism.Firstly, this paper started from the perspective of consumer protection, talked about our existing system of consumer protection, briefly discussed the importance of consumer rights and the drawbacks of the existing system, introduced the meaning of group litigation, the basic concepts and theoretical basis; Secondly, the analysis and research in the field of consumer protection litigation, the necessity and feasibility of group litigation are introduced; and then, from a comparative law perspective, explored the group litigation system of interests of consumers in Germany, Japan, France and in Taiwan, China, analyzed the characteristics of national group litigation and the significant for our legal system; Finally, made some advices in group litigation in the field of consumer protection, explore the construction of thinking, and made recommendations.This study is relative shallow and there must be many shortcomings inevitably. However, it has the meaning of inspiration. Hope that our state set up the system of group litigation soon, and have a better protection on the rights and interests of consumers.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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