论我国消费者公益诉讼制度之构建

On Construction of Public Interest Litigation for Chinese Consumers

随着经济社会的发展,涉及到公共利益的如环境污染、侵害消费者权益、侵犯受教育权等问题层出不穷,法学界对公益诉讼的立法呼声不断高涨,司法实务界对公益诉讼也进行了各种试点,最终被纳入《民事诉讼法》,但关于民事公益诉讼的规定过于概括,不具有可操作性。笔者希望以已有的民事公益诉讼实践为基础,对侵害众多消费者合法权益的消费者公益诉讼相关配套制度构建提出自己的见解。

With the development of society and economy, issues involved the public interest, such as environmental pollution, infringement of consumer rights and education right emerge in endlessly. Law experts and scholars appeal to make the public interest litigation legislated, the judicial practice of public interest litigation has also conducted a variety of pilot, which eventually make it included in the civil procedure law. However, the provisions of the civil public interest litigation are too generalization and not operable. The author hereby hope that, based on the existing practice of the civil public interest litigation, the related supporting systems can be established to prevent the infringement.