Comparative Study On China-United States Group Dispute Resolution System

With the development of the society, the trend of social imbalance infringement is more and more widely. Since the British industrial revolution, due to infringement of socialization, in the UK court of equity, resulting in patterns of response to this tort litigation arising from representative groups. After the development of representative litigation, the group eventually evolved into modern-type dispute resolution mechanism.After the independence, inherited the British tradition, America has constantly developed its own characteristics. From 1883, the Federal Court "Rules of the Federal Value" section 48, the U.S. dispute settlement mechanism groups began to explore its own characteristics. After 1938, "the Federal Rules of Civil Procedure," Article 23, the U.S. general population Dispute Resolution already has the prototype. As in 20th century, 50's and 60's civil rights movement, in 1966 the U.S. Congress on the "Federal Rules of Civil Procedure" was revised, the U.S. group dispute resolution mechanism is flourishing. No system is perfect, after the U.S. group in 1966 amended the provisions of dispute resolution mechanisms, so that the United States, the proliferation of groups in dispute resolution mechanism is a tendency. Based on this, in 1992, 2003, 2005, the U.S. Congress amends the situation on the development of many groups of the provisions of dispute resolution mechanism. Now, the U.S. group dispute resolution mechanism is still in the forward mode while developing.Along with the transformation of Chinese society and the reconstruction of the legal system, China's population is in the way dispute resolution mechanism. Golden Bough in 1981 from a high "group litigation Introduction" to the 1991 China's "Code of Civil Procedure,"Article 54 and relevant provisions of Article 55 and the corresponding judicial interpretations of the 21st century jurist's dispute settlement mechanism of the group's warming invariably show that the group dispute resolution mechanism in China's development progress. In recent years, China has many examples such as Daqing Lianyi case, the case of Kelon Group, Sanlu milk powder and so on; all kinds of startling Group infringement cases, many scholars have strongly called that China has to introduce in the U.S. model that is community dispute resolution mechanisms.My contact with dispute settlement mechanism of the groups, is also from the beginning of the exposure to the more familiar later, then move into exploration and thinking, this is my summary of several years'research on dispute settlement mechanism group. There is something needs to be Specified point out: this discussion group dispute settlement mechanism agreed is only in the civil law field, No detailed description in the paper added the following.This paper is divided into four parts. The first part on the US population is about the meaning of their own dispute settlement mechanism and its evolution; the second part is the model legislation of dispute settlement mechanism of the United States population and the essence of model dispute resolution mechanisms; The third part is on the Chinese community dispute resolution mechanism model legislation of dispute resolution mechanisms and the Chinese community in some defect model; The fourth part is our reference model the reality of American civil and feasibility. Specific analysis, the following start.