Reflection And Reconstruction Of The Representative Action

Since the economic reform, China's socialist market economy has made rapid development, but the ensuing confrontation between the interest was wide scope and scale of development. Large groups of people for the same or similar products, events, and frequent acts of victimization, which produced the so-called group disputes. In order to allow the group to parties to the dispute to the effectiveness of access to justice, legal counsel system in China came into being: based on experience in the relevant judicial practice, the parties selected in the main draw on the Japanese system, and used by the U.S. class action suits based on some technical elements the 1991 enactment of the new Code of Civil Procedure provides the first representative action system. The superiority of the system is to achieve a one-time settlement of disputes, the pursuit of litigation benefit value, to ensure the consistency of the referee. However, the system not only does not like legislators, scholars flourish as foreseen, but ignored in the face of judicial practice, in particular, the uncertain number of hard to find the trace of representative action system. Function of the system itself from view, representative group litigation system to resolve disputes is undoubtedly a good medicine, but most of the groups in dispute is the intervention of the state administrative power of the way the civil mediation closed, and there are some cases Select the manufacturer of compounding the victim, in a word, especially by way of representative action lawsuit seeking the right way to remedy the very few. The difficulties faced by the system led to improvements in the system or abandoned enthusiastic discussion. Although the group of the present situation of many disputes and social transformation of the policy issues related to the vital interests of the people involved in rural land, urban housing demolition, the state-owned enterprise reform, Complaint, some retired military personnel, etc. petition, but a small majority of the number of disputes should not be overlooked. With the deepening of China's market economy, due to product defect against a small majority of disputes in the interests of consumers more and more frequently in people's vision which, coupled with China to accelerate the trend of economic globalization, foreign businesses and consumers in China disputes between the number of groups grew along. 2009 shocked the world, Toyota recall scandal attracted the attention of the public: This event gives the car a long time known Sheng Kingdom face a serious crisis of confidence in the handling of auto recall Toyota owners have suffered a very unfair, "the same vehicles of different pay "treatment. This unequal treatment is one reason behind the lack of relevant substantive law is more important is to resolve such disputes, procedural legal norms - legal counsel system exists real obstacles. In order to better address the most modern small disputes that have damaged the interests of fairness and justice on the maximum compensation is necessary to reform and improve the legal counsel system, making it the best use.