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On the Public Interest Litigation System of Consumers’ Rights

Author: XuShaoHua
Tutor: LiZhanRong
School: Zhejiang University of Finance
Course: Economic Law
Keywords: protection of consumer interests economic public interest litigation consumer public interest litigation system construction
CLC: D923.8
Type: Master's thesis
Year: 2012
Downloads: 30
Quote: 0
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Abstract

Currently, a growing number of consumers affected by a major assault in the market, although the protection of consumer rights could resolve through civil and administrative proceedings, But when the dispute has been involved in public interest, These traditional litigation model can not handle these cases, Need a more appropriate action and the system to adapt to the needs of society for justice. The study of Consumer public interest litigation can contribute to establish and improve China’s economic system of public interest litigation, Also Contribute to implement the rule of law, to achieve fairness and justice in the field of consumer rights, especially for vulnerable groups in pursuit of substantive justice.Public interest litigation has become a hot issue in China, which is explored and studied by theory and judicial practice, as the researchers has not yet reached a consensus in the connotation and extension of public interest litigation presently, It is necessary to make a public interest litigation in the interests of consumers conceptual definition and elaboration for public interest litigation, economic public interest litigation and the economic focus of this study. Interests of consumers involved in disputes with the subject of relatively small and scattered amounts, diverse interests of the aggrieved, the parties that the producers and operators are more powerful than consumers. Consumer dispute with the duality, some just have a private interest nature, some will involve the public interest, and Consumer rights have two properties in nature. For the private interest of consumer disputes can have a very good solution through the Civil Procedure Law, Therefore, the interests of consumers disputes of this paper are those of social welfare of the consumer disputes, the study is to establish a better legal system to resolve such issues related to public, Safeguard the interests of consumers and social public interests. Consumer rights public interest litigation system is a type of economic public interest litigation, Litigation is the traditional concept of a breakthrough. Theory of consumer sovereignty, the concept of fair and effective rule of law, Interests of society as a whole is the value of economic law; Consumer protection is in fit of the economic public interest litigation, which requires establishing Consumer Public interest litigation. China’s consumer public has the right to appeal the legal basis for the corresponding, Consumer organizations have also grown up, and this system can be a powerful mass base, with foreign successful experiences in the theory and judicial practice, put forward a proposal of building a specific consumer rights public interest litigation system.In the plaintiff qualification: The plaintiff is eligible to use the "proper party theory" in the traditional subject of proceedings, the plaintiff qualification necessary to expanded to individual citizens which have no direct interest about the case, consumer organizations and the National Prosecuting Authority in the consumer public interest litigation. In litigation costs: treat personal, consumer organizations and prosecutors differently, Individuals and organizations for consumer litigation required to pay the plaintiff in the prosecution of certain litigation costs, but not the amount calculated by the amount the subject of litigation And the amount is not large, in the while establishing the Consumer Legal Action Fund and litigation insurance system, Appropriate to reduce the burden on the consumer’s legal costs. Prosecution of the litigation costs is borne by the state. Burden of proof: Individual citizens and consumer organizations should implement the principle of burden of proof, Prosecution carry out the general principle of the burden of proof. Incentive and restraint mechanisms: Incentives, including incentives and the general spirit of the award system and the legal system in favor of reward; Restraint mechanisms including the establishment of Pre-procedure in consumer public interest litigation and Infringement of responsibility. Special procedural system: Reducing conditions, requirements and limitations to prosecute, Extend the limitation, establish a special hearing of consumer court of appeals for the consumer disputes, Shorten the duration of the trial and implementation of trial final appeal system. And frame bono lawyers’assistance system.

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