From the judicial point of view to reduce the cost of consumer rights proposals

   Through the association of consumers and society from all walks of life of unremitting efforts, the vast number of consumers have more rights protection channel, consumption environment has improved a lot. However, today the consumer rights protection cost is still high. The cost of protection of consumers including the time cost, economic cost, legal cost etc.. From the consumer perspective, the cost and the size of damaged right hook, once consumers think adults cost is higher than that of the rights and interests, will naturally give up rights. In order to fundamentally clear rights barriers still need to start from the system design, reduce the cost of rights of consumers. The author puts forward the following suggestions from the judicial point of view.

1. Consumer rights in matters of legal aid scope

The judicial administrative organ to further relax the legal aid economic difficulties standards, reduce legal aid threshold, efforts to protect the rights and interests of consumer rights protection issues closely related to people's livelihood into matters of legal aid scope, greatly reduced because the consumer does not have the lawsuit and the legitimate rights and interests have been violated.Consumers by unscrupulous businessmen infringement, operator deliberately delayed or refused to accept the mediation, the consumer must apply to legal aid institutions, whether legal aid center to support the prosecution of victims. Legal aid lawyers can take many forms to help consumers, first of all is to provide legal advisory services, to enable consumers to understand and master the knowledge of the law and litigation related to the case. At the same time, the legal aid center also can according to consumer trust, conduct mediation and litigation, legal service center to provide legal aid lawyers are obligations.The people's court shall consumers eligible for legal aid and the expense in litigation relief system, delay, reduce or exempt the implementation of the system of litigation costs, so that consumers can fully exercise their litigation rights in accordance with the law, safeguard their legitimate rights and interests, protection of the weak in the judicial process embodies the principle of.

The legal aid institutions to simplify the application procedure of legal aid, the nearest convenient, easy to apply. The court shallThe priority for summary procedure. At present there is no establishment of small claims system circumstances, for the general consumer disputes apply summary procedure. The people's court may select consumer rights stakeholders (such as familiar with issues of consumer professionals) as consumer rights case juror, to make up for a lack of trial of strength, improve the efficiency of trial.

 

Two. The establishment of consumer rights lawyer team

The association and association of two organizations, in the protection of consumer rights and interests charged with similar functions, have a common responsibility. Lawyers have legal knowledge, abundant experience, litigation rights means diversity advantage. And all levels of consumer associations with social influence, the source traffic, public opinion supervision more effective advantage.The establishment of consumer rights lawyer team is a specific form of cooperation to strengthen the NPC and CPPCC.Consumer rights lawyer team work are: to provide legal information and obligations advisory services for consumers; in response to major consumer rights event in time, and with the lawyers nominal opinion; cases of serious damage to the legitimate rights and interests of consumers litigation agent; research and investigation, mediation analysis involved in major or typical cases of complaints; hot, consumer rights difficult problems in the domain are discussed; participation on the operators to consumer legal advocacy and training; law and practice of research related to the development and protection of consumers' rights and interests, put forward the policy and legislative proposals.

Consumers Association of Lawyers Association, the legal aid institutions jointly set up the "consumer legal rights center", institution in the Consumer Association, arranged to have the lawyers take turns on duty reception, to provide "one-stop" services for consumers. The association with Media Union, as lawyers issued a comment on a platform, so that the advantages of resultant force, to build a harmonious, fair environment for consumption.
   

Three. Establish the consumer rights protection for the prosecution system

To support the prosecution system is a kind of social intervention, is a litigation system to solve civil rights laws from damage due to various reasons can not be independent to protect their legitimate rights and interests and the establishment of the. Operators for business transaction object is one of the many consumers do not specific. The implementation of illegal operators, although only a few consumers the lawsuit, asserting your rights, however, the specific consumer litigation, from the appearance point of view is to realize the individual interests, essence is to protect the economic interest of the whole society, to promote the realization of the public benefit. Therefore, the establishment of legal aid and support prosecution on consumer rights, not only to damage the interests of consumers, but also conducive to the maintenance of the public interest.Establishment of consumer rights protection for the prosecution system, consumer associations can solicit consumer empowerment, arranged to have the lawyers litigation agent, changing consumer individual combat situation, greatly reducing the time of consumer rights, economic cost, at the same time, the group of adults will form an effective sanction and deterrent to infringement businesses, the social influence can generate a warning, demonstration effect a wide range of social.

In addition, the existence of quality problems caused by damage to the consumers of goods or services, the victims are numerous, sometimes the number of victims is determined, but in most cases, the number of victims is uncertain. In order to facilitate the consumers to sue to resolve consumer disputes, should support the group litigation system The judgment, the people's court, for those who have not registered their rights litigation request in the period of limitation of action in the application, the judgment or ruling, which is convenient for consumers "hitchhike" to resolve consumer disputes.   
    

Four.The establishment of the legal aid fund raising consumer rights

China's Hongkong region with the consumer legal action fund, the fund's objective is to let consumers, especially a group of consumers, involved in important public and unfair situation, assistance in the field of law. It is necessary for us to absorb the advanced approach, the cost burden for consumer disputes and litigation appropriately reduced.  
     
Combined with the legal provisions and the actual, explore the establishment of the legal aid fund raise, lower the cost of protection of consumers. "Legal Aid Ordinance" clearly stipulates, can raise to establish the legal aid fund. Disappear assist the organization with legal aid institutions to raise funds, earmarked for the support of consumer rights protection. Hangzhou city has taken the lead in the establishment of the legal aid fund, complaints not on major dispute mediation, actively support the consumer to the people's court proceedings, better. Apply to legal aid fund to support the consumer should include: for the purchase of goods or receiving services economy suffered a major loss, caused a temporary economic difficulties of consumers; consumer related case maintain significant public interest, has significant influence; association should mention other consumers for the legal aid fund support. Of course, in accordance with the relevant provisions of the State shall be of legal aid, legal aid application related to the local legal aid institutions, through legal aid funds, do not apply to legal aid fund support.

By agreement, the mediation and litigation matters recipients to obtain economic benefits, the recipients to return the legal aid fund for the expenses, if the recipients of aid matters not obtain economic benefits, will be a burden or sharing have expenditure support costs. The policy and public opinion propaganda, encourage obtain economic benefits recipients of donations to the legal aid fund, to promote sustainable development of consumer rights protection career.