The Theoretics And Practice Of Group Right Remedies

In the process of the construction of the legal system in China, there are many phenomena that group right are damnified in the social life. In the judicial practice in China, the channel of suing a class action is not free and there are a lot of inconvenience and difficulty in the road of seeking judicial remedy for the parties. In one hand, the class action system in China is not consummate and it can not satisfy the requests of the social facts. In another hand, facing the actual class action regulation that can not encourage them to invest energy, time and money in it, the parties as economic persons often take the attitude of obviation or tolerance about the illegal behaviors. In this thesis the author mainly utilizes the method of theory contacting facts and comparative research and do some disquisition and exploration on some important problems in the practice of legislation and judicature in order to give some new thoughts of the innovation and application of the class action system. The essence of class action is "a sort of instruments of mobilizing the individual advantage motivation to realizing some certain public purpose or public policy." The author mainly review the constitutional protection on the citizens' property, the significance and obstacles of remedies of group right. At the same time, the history and actuality of the class action system in China is discussed. And then the history and innovations of American class action are studied while the history and actuality of Brazilian class action are described. As to the idea of the innovations of class action system in China, the author believes that on the basis of Chinese class action law in existence we should enlarge the applied extension of class action and nail down the right and obligation of the class representatives. At last some opinions of the appointment of class attorney and the burden of attorney fee are put forward.