Study Of Model Action

This thesis could be divided into four chapters besides introduction and conclusion.The first chapter starts from discussing the relationship between model action and collective litigation. A basic introduction of model action is given, including concepts, features, functions and defects. Model action is a case that selected from cases with common plaintiffs or defendants, the same facts and evidence, and the same legal issues to be resolved. Trial and decision will be firstly given to the said case, and all parties should be subjected to such decision under certain conditions.In the second chapter the author gives a comprehensive introduction including legislation and judicial practice of model action in the civil law system and the common law system. This thesis describes the model action of German "Law on the Administrative Court" as well as"The German Capital Markets Model Case Act"(KapMuG) in civil procedure. As to UK, the author describes the provisions regarding model action in Chapter 19 of the 1999 "Rules of Civil Procedure" and Chapter 19B of 2000 " Litigation Guide ". For the U.S., this thesis focuses on the relationship between model action and group litigation in "United States Federal Rules of Civil Procedure".In the third chapter, the nature and feature of Chinese collective disputes are described and the author stresses the importance of establishment of model action by discussing current practice and judicial policies.In the fourth chapter, some legislative proposals are stated, including the constituent elements, jurisdiction, trial, appeal, mediation and reconciliation, the extension of the decision effect and the supervision of plaintiffs. Model action should be established as an alternative judicial relief solution with low-cost by referencing German model action and Chinese legislative and judicial practice.