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今年我国的民诉修正案增加了侵害众多消费者权益的公益诉讼制度的规定,但具体的配套制度和措施并不完善。消费者诉讼成本高,所获赔偿却有限,相关的群体诉讼制度不足以有力地保护消费者权利,在小额消费者诉讼中消费者的多数权利得不到救济。美国是消费者权益保护措施及实践最完备的国家,本文旨在美国消费者集团诉讼的相关制度的设计进行研究,对于完善我国保护消费者权益相关制度的设计和实施提供借鉴。
This year, the amendment to Civil Litigation in our country has increased the provisions of the public interest litigation system that infringes on many consumers’ rights and interests. However, the specific supporting systems and measures are not perfect. Consumers litigation costs are high, the compensation received is limited, the relevant group litigation system is not sufficient to effectively protect consumer rights, consumer rights in the small consumer litigation will not be remedied. The United States is the country where consumer rights protection measures and practices are most complete. The purpose of this article is to study the design of the relevant systems of the litigation of consumer groups in the United States, and provide references for perfecting the design and implementation of the system for protecting the rights and interests of consumers in China.