The Models Of Group Action Institution And Academic Analysis

The group action institution is used to settled civil disputes which the number of one party is multitudinous. Facing to the challenge that the group disputes bring, various countries take different measures. As a legation institution used to settle group disputes, the group action institution faces many problems that can't be explained by traditional legation theories, such as the party's number, the proper party, the sanction of the judgment, etc. There are many articles researched about the group action institution, but absence of articles that research it systemically. The paper wants to hackle the group action institution in theory, and is composed of six parts:The first: the summarization of the group action institution. The group action institution is not a uniform institution name, but a generalization of a series of institutions, which is used to settle the group disputes. The group disputes, which the party's number is multitudinous, can't be settled by traditional legation institution, and need the representative delegate them to litigate, and the sanction of the judgment restricts all of the party. Compared with the traditional legation institution, the group action institution has some characteristics: the multitudinous party, the same benefits, the fiction of the group, the expansibility of the judgment sanction. The value of the group action institution incarnates the justice and the efficiency in a whole, but in the microcosmic aspect, the problem needs idiographic analysis.The second: the models of the group action institution and comparatively analysis. This part introduces briefly the Class Action in U.S.A, the Selection of the Party in Japan, the Verbandsklage in Germany and the Representative Action in China. Then compares their differences, and analyses the reasons.The third: the juristical analysis of proper party in the group action institution. The group action institution adopts the representation to settle the contradiction about the multitudinous party and the limited legation space, but the problem of how to explain...