The Exploration On The System Of The Test Action

The rapid development of science and technology, and economy,etc. increasingly shrinks the space of between between countries,and between persons,exchanges and contacts more and more, is also due to the increasing demand of different interests between people,which makes modern social contradictions and disputes show the large-scale, frequent, multiple etc.characteristics. Each country constantly explores its dispute resolution mechanism of suiting to its national situation for all kinds of values of efficiency,benefit,fair ,human rights etc.However, any dispute settlement mechanism has its advantages and disadvantages, so a national dispute settlement mechanism must be diverse, and this should lets various mechanisms be complementary each other.The test action system which is popular in western is such an efficient group dispute resolution mechanism with added nature.The test action system in the lawsuit has some advantages and functions,such as resolving the large-scale disputes with a small-scale litigation form, reducing the cost of litigation , saving judicial resources,and improving the judging efficiency of court, etc.Besides, it has different relationship with the case system,the case guidance system of our country, the empowered case system and other group dispute settlement systems.In today's world, whether in the continental law system country, or in the countries of Anglo-American law system, to a diferent extent,they have some legal regulations about the test action system. The country of the most developed model litigation system is Germany. Its investors test action law is the first law in this field, and its concrete system designs are relatively fine.In addition,the maneuverability is strong, and it plays a very good effect on the judicial practice to solve the modern disputes with radiation type in Germany.What's more, the legislation of the test action system also certainly exits in the Britain, the United States and Switzerland, Hungary etc, and its good effect is remarkable. The reason that the test antion system is widely used by these countries results from its unique operation mechanism .The civil litigation system of our country to solve the group disputes is only representative lawsuits system. However, due to some reasons,such as its advanced design, and its inherent defects, ctc. the test action system is often shelved by court in specific operation,and this situation is not in full play of its function. This is a high-risk with our national current situation of various and numerous group disputes, at the same times,the current situation has seriously hindered the construction of socialist harmonious society. So, a way to settle disputes which is similar with the foreign"test action system"occurs in China.It is fit for the China's national conditions, follows the idea of the Chinese harmonious litigation now, has a good social effect on our national society, and has great potentials. Therefore, the construction of the test action system in China has already been necessary and feasible.Constructing the test action system which has the Chinese characteristic is a systematic project. Clearing its guiding ideology and the option of calligraphy and mode is the premise and the foundation,fuithermore,designing its principles and specific systematic contents is the key and the emphasis.