The Research On Contingent Fee In The Group Litigation

At present, our country is in the social transitional period during which kinds of social contradictions are more obvious, and group disputes emerge in endlessly. How to arouse the enthusiasm of lawyers in the settlement of group disputes, and how to solve group disputes through the judicial relief way normally to maintain social fairness and justice, have become important problems to be solved in our society. Therefore, contingent fee in group litigation has been the focus of attention in the theoretic and practical field. Although the application of contingent fee causes some problems, this system has a unique value that the conventional attorney fee systems do not have, and plays an irreplaceable role for group litigation. Therefore, more and more countries allow group lawyers to use contingent fee in group litigation, and take measures to solve problems arising from the application of this system. At present, contingent fee is still forbidden in the group litigation of our country, which hits the enthusiasm of lawyers severely, hinders people to seek judicial relief, and is not conducive to settle group disputes. It leads to scholars, lawyers and the public's discontent. By using the case analysis, comparative analysis, document analysis and so on, this paper introduces the contingent fee in foreign group litigation in detail, and analysis the pros and cons of the system objectively and deeply. On the basis, it builds the contingent fee which is suitable for the group litigation of our country. At the same time, I also proposed some effective measures for the relevant problems which would appear in judicial practice.