Study On Improvement Of Representative Litigation System In China

Groups of representative action is a dispute settlement mechanism, China's "Civil Law" fifty-fourth, fifty-five provides for the system, which is critical, if not the system or the system can not be legally enforceable, the majority of the rights of aggrieved persons will not be protected.With the social and economic development, more and more group disputes, Germany and Japan and other countries in Europe, America, group litigation dispute resolution system is relatively complete. Such as the United States, class actions, litigation in Germany and Japan selected group party system. These systems are a means of resolving disputes, there is commonality between them, there are also differences. Only by taking the essence of foreign law, so that together with the national law, can be more cost-effective dispute resolution group. In the "Civil Law" set the beginning of the creation of legal counsel system, this bold behavior in the social environment and justice in the context of development is very advanced ideas, but with the increase of group disputes, The system has gradually revealed a lack of application of the well-established judicial practice can not be run. Jurisprudence of this issue has been the focus of controversy. The author believes that a sound legal system requires the presence of a sound, only to perfect the system of delay, the law can continue to move forward more effectively solve practical problems. Most litigation is a collection of proceedings conducted by a few people to be heard each individual action can save litigation costs and reduce the waste of judicial resources, but also to avoid the courts because of different judgments on the same matter in different causes of action unfair.The author access to large amounts of data at home and abroad, under the premise of our representative system of litigation conducted in-depth research and the improvement of the system, put forward ideas. This article is divided into four parts, the first part of the litigation system is representative of the concept and characteristics. Conceptually, different scholars have different views, scholars from all angles on the concept of interpretation. I believe that the representative action are those with common or similar interests of the plaintiff, the parties, due to the large number of common action can not be taken for the parties by the plaintiff in one or several persons involved in litigation activities on behalf of, the exercise of procedural rights by all members of the responsible for the results of a legal system. Make clear the concept and nature of the characteristics of the system clear. The second part, the author of the United States, Germany, Japan, the group dispute resolution system were studied and analyzed the pros and cons. Its history, practical application point of view was explained, its essence, to its dregs, put a good system for our use. The third part of the author from the representative of the imperfections of the relevant systems and regulations, registration procedures limit the right of action to play a representative function, the lack of representative system of appeals discussed the three aspects of the system of representative litigation problems, only to find the problem The key to improving the system. The fourth part is about how to improve our representative Reflections, there may be legal counsel system for the analysis of the issues, find the appropriate perfect way.I look forward to, this article discusses the civil law can be changed from the importance of China, I hope the author of the paper thought to the development of China civil procedure law, litigation representative system contribute to poor power sound!...