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Our Representative Lawsuit Research

Posted on:2012-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:X X HanFull Text:PDF
GTID:2166330335472167Subject:Law
Abstract/Summary:PDF Full Text Request
In the social background of the appearance of large mount of group disputes and the awakening of groups of interests. With the reforming of the country and the developing of economy, and the disputes forms are much similar with that of some developed countries than ever, namely becoming large-scale and complicated.In 1991, the Code of Civil Procedure promulgated. Based on the Summary of judicial practices and referencing the legislative experience of the Class Action in America and the Selected Parties System in Japan, China's group litigation system established, namely Representative Litigation System. Law is not perfect, Citizen Litigation consciousness and ability is insufficient, the government interferes the group case that relating to its administrative action,the entanglementsof benefit between litigants and representatives. And the root cause to astrict the Application of Representative Litigation System is the lack of provision about the system. Without the fully quoting of the Representative Litigation, some large-scale group disputes cannot be solved properly, and many people's lawful rights and interests cannot be protected adequately.This article analyzes the advantages and disadvantages of Representative Litigation System, moreover, some perfecting measures in legislation and judiciary field would be put forward according to practices.The dissertation is divided into 4 sections:Section 1 is introduces and analyzes the theoretical background of this institution from 3 aspects, Introduces and analyzes the related law items and eneral overview of our Representative Litigation System. Base on the theory upon, we talk about the society development status, and then emphasize the importance of the Group Action's application.Section 2 is most of country's law ruled this Group Action Institution. Therefore, this section through the comparison and analyze of the American's Class Action, Germany's group action and Japanese and Taiwan's select Selected Parties System, provide the theoretical and experience support for perfect our Group Action Institution.Section 3 is the group dispute lead to widespread attention, but the institution is not perfect, which makes us have nothing to do. This section mainly analyzes the defect of institution design and the practical question in justice practice.Section 4 isthe countermeasure to solve the difficulty of our propose the detail method to solve these issues, hope can help perfect this institution.
Keywords/Search Tags:Group dispute, Representative action, Class action, Organization action, Model action
PDF Full Text Request
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