On Test Case

With the progress and the development of social and economic in our conrty, there are also some new problems in national civil legislation, some problems are more prominent, such as house demolition, environmental pollution, labor disputes and other mass dispute, the number of these cases continues rising and the complexity of these cases continues incresaing. For these issues, on the one hand there are some defects at the provisions of resolution system of mass dispute in Civil Procedure Law Of The People's Republic Of China, for example Civil Procedure Law Of The People's Republic Of China provides for representative litigation is less applicable in actual cases and the grop litigation is too narrow to association litigation; the other hand there is higher judicial demand because that China has faced resolving mass dispute under the new situation. Therefore,the author believes that in order to make the case of mass dispute could be resolved smoothly and efficiently, to alleviate the pressure generated by a large number which is one of the parties in the court in cases of mass dispute, in our future legislative process, now the resolution mechanism of China is representative litigation which would be developed, at the same time there shoud be introduced a new system to resolve mass dispute—Test Case.Test Case is an important solution to mass dispute, and its function mainly lies in with the solution of the small lawsuit scale in the mass dispute of the common fact or the legal matter, for the parties to resolve disputes outside the court and to prevent mass dispute occurring, and it is complementary with other groups of the test case, this system has been applied and has made certain legal effects in the United Kingdom, the United States, Germany, Switzerland, Australia and other countries. So the author thinks we could absorb and learn from the test case in the kernel to improve our civil procedure to resolve mass dispute,and a lot of the same or similar cases concentrated in a lawsuit or a case would be resolved with the legal system, which will have very important significance in the theory and practice. The paper would analyze test case from the concept,the characteristics, the classification,the functional,the value and other aspects, it also would make some specific suggestions for building test case.The full text is divided into four parts in addition to introduction and conclusion:The first part is an overview of the test case, including the concept,the characteristics and the classification of test case and the comparison of disput resolution with the other mass dispute, the author would like to demonstrate the unique features and advantages of test case through introducing the content of test case and disputing resolution with the other mass dispute.The second part is to demonstrate the functional value of test case, the author wants to analysis of the value of the system and the functionality of the system to show people that the importance of the role and significance, and that people could pay attention to test case, which is the theoretical basis for China to introduce the system.The third part is to demonstrate overseas inspection of test case, the author wants to describe the system in the foreign to let people have a deeper understanding with the system,which is the reference for China to construce the system.The fourth part is the demonstration of the construction of test case in China,this part mainly evaluates the necessity and feasibility for building the test case which is based on the analysis of the first three parts, and proposes some specific recommendations for building the system in our country, the author hopes making some contributions for consummating our country civil action legislation to solve the mechanism about the colony disputes through these recommendations.