The Construction Of Test Case In China

China now is in a period of transition, and group cases continue to occur. Internal inconsistency is highlighted relatively. China has become one of countries in the world that have occurred much group cases. For this current situation, the 16th Party Congress report clearly ambitious goal of the construction of a harmonious society for the first time. The Fourth Plenary Session of the 16th Central Committee further present the task for building a harmonious society. The concept of social harmony further impelled introspection and reconstruction to solve the relevant system for group cases. In civil procedure, group cases are increasing year by year on courts all over the country. But our actions to solve the existing representative groups of the role of the case are extremely limited,and are not adapt to civil dispute resolution practice group needs. The value goal of this paper is group lawsuit varied system, and it talks about the concept of test case,and introduces its' types, features and value. Then the legislation and practice of test case in other countries are studied and compared. Main legal relationship and the referee expansion of judgment are analyzed. At last this paper proposed the problem of delegate action, the legislation of delegate action are not suitable for operation. And this paper puts forward a basic framework to construct the test case in China.