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The Litigation Mechanism’s Research of Settling Consumer Group’s Dispute

Author: LiHuiHui
Tutor: LiaoZhongHong
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Class Action Group Action Representative Action
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 213
Quote: 1
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Abstract


In recent years, with the continuous development of Chinese economy and society, the group incidents what the consumers suffer the fraudulence and damage of products and services often happen, and consumers are still in weak position against operators. At present, the litigation mechanism of settling consumer group’s dispute is the representative litigation, but in practice the representative litigation is facing difficulties, while there are no other corresponding litigation mechanisms to protect the interests of consumers. It can be said that the existing system of rules can not realize the goal to protect consumers’ rights and interests. Therefore, to build a set of practical litigation system as a bridge of consumers relief is very necessary. Presently, many domestic and foreign scholars’ expound American Class Action and German Group Action from macro, but the research achievements about the litigation mechanism of settling consumer group’s dispute are not much more. So on the base of domestic and foreign scholars’ relevant research achievements, the author try to study the topic systematically combining with the author’s understanding , and the author try to make concrete and feasible research program to enrich the contents about the mechanism of settling consumer group’s dispute, and the author hope it benefits our country’s legislation and practice. It is in this sense that author choose it as the topic of master’s thesis, which is the purpose of writing this article.From the perspective of safeguarding the rights and interests of consumer group this article studies the litigation mechanism of settling consumer group’s dispute. In this article the first part introduces that consumers can choose four sort of ways (reconciliation, mediation, appeal, arbitration) after disputing and their a variety of defects in practice, then it expounds the advantage of litigation settlement mechanism in settling consumer group’s dispute and draws the conclusion: it is necessary to research and improve the existing litigation settlement mechanism for protecting the consumers better. The second part of the article explains the legislative defects of representative litigation system about settling consumer group’s dispute and from the perspective of consumers and the courts it analyses the obstacles of representative litigation in practice. The third part analyses legislation settlement mechanism about protecting consumers from foreign and Chinese Taipei to find out the advantages of all kinds of settlement mechanism of litigation, with a view to learn from overseas and Chinese Taipei’s legislation of protecting consumers to improve the litigation mechanism of settling consumer group’s dispute. The fourth part is the most important part of the text, because it puts forward to build the assumption of pluralist mechanism of settling consumer group’s dispute that improving the specific process of representative litigation and introducing the Consumers Association into pre-trial mediation; and bringing in group litigation system to give the Consumers Association the qualification of litigation of banning operator’s illegal behavior and compensation for the damage.In this paper, the main research method is based on comparison, and by expounding American Class Action, German Group Action and Chinese Taipei’s mechanism of settling consumer group’s dispute to find the usable reasonable factors that suit our country’s condition, offering support in theory for building the litigation mechanism of settling consumers group’s dispute. For the establishment of the litigation mechanism of settling consumers group’s dispute, the coordination of system framework in theory should be considered, but its feasibility in practice is as important as the coordination. About building specific system, the thesis uses the analytical methods of combining theory and practice to show the reasonable seeking to reality.

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