On The Perfection Of The Lawsuit Of Representative Of Our Country

Along with the enlargement of the quantity of the subjects of civil action, the suing of solving colony disputes is widely attracting scholars, judiciaries all over the world. In our country, colony disputes involving many people's benefits are also increasing day by day, and the suing of solving colony disputes has become one of the important issues in the research field. As to the suing of solving colony disputes, although different countries adopt different model and details, the main theoretical foundation are co-litigation, lawsuit taking and lawsuit trust. Based on this, combined of various actual conditions of all countries, the suing of solving colony disputes of the present countries that governed by law mainly are group lawsuit, team lawsuit and selecting parties. These theoretical foundations and their specified suing of solving colony disputes should be obviously as the useful reference in improving and perfecting the representative lawsuit of our country to solve the colony disputes. From the aspect of its origin, the lawsuit of representative of our country starts from the justice and tries practice directly, the current legislation stipulates it separately in two articles, then formed certain-number representative lawsuit and uncertain-number representative lawsuit. Comparing the lawsuit of representative of our country with the group lawsuit, team lawsuit and selecting parties abroad, we can find out that the lawsuit of representative our country had draw many lessons from the group lawsuit of American and selecting parties of Japan, but not pay enough attention to the team lawsuit. Reviewing the lawsuit of representative of our country, in the administration, the method of selecting representatives, the party's registering, the validity of the judgment and the representative's right, etc, there still have a great deal of defects, therefore, in order to simplify the contentious procedure, realize lawsuit economy, the lawsuit of representative of the legal provisions of our country needs further improving, With the advanced legislation and judicial experience abroad for reference, combined relevant civil action theories, I consider the following suggestions: 1, as to administering, we should adopt the method of consult and appoint, and needn't force people to sue together. 2, as to selecting representatives, we should apply some flexible methods, that is, including election, coordination and appointment, and combine the positive definition with negative definition together in the selecting of representatives.3, as to the representative's right, we should entitle the representatives with more rights, and should strengthen examination and supervision on representative's qualification at the same time. 4, as to the mechanism of stimulation, in order to encourage people to litigate, we should apply many ways, such as "risk lawsuit", setting up the lawsuit fund of representative. 5, we should set up team lawsuit system appropriately.