On The System Of Civil Class Action

In China, the set up of civil class action institution in modern senses was marked by the commissarial lawsuit system which was ruled from the code of civil law in 1991. Commissarial lawsuit system is the core of civil class action institution; in practice, it came about lots of deviation from the anticipation of legislation, and aroused wide concern and sharp comment from the academic circles and social masses; the voice of profound consideration and improvement can be heard here and there. Combining the working experience of the author himself, this thesis analyzes the cognition and expectation of perfection from an attorney for the civil class action institution; by summarizing numerous of theoretical introduction, comparative studies, positive analysis from the books and theses about civil class action institution in the pass.There are more than 32000 words in this thesis; beside introduction and conclusion, there are 3 parts included in it.Part one: Analyzing the general principle of civil class action institution. By the way of introducing the theory of civil class action institution, summarizing and concluding the comparative study of literatures; this thesis expatiates the concept, feature, value and function etc.Part two: investigation of the civil class action institution in our country. First, by the way of summarizing and illustrating typical examples, this thesis expounded the triple stage of development of the civil class action institution in our country. After that, analyzing and discussing the range, principle feature, reason for frequent occurrence in this institution. At last, made a discussion to some typical disputes in the practice of civil class action institution in our country; and point out the correct method and rational attitude to resolve these disputes, in a way of pragmatic.Part three: analyzing the conception of improvement for the civil class action institution in our country. There are two parts in the author's conception. One is the general construction of institution, including the specific maneuverable project in the field of legislation, justice, administration. Another is the suggestion of improvement from the author, by his practice experience of lawyer affairs. For example, how to evaluate the function of a lawyer in a civil class action lawsuit correctly; how enhance the function of the lawyer in process of during with the lawsuits of civil class action, by the way of improving the institution.