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A Study Of Representative Action System

Posted on:2007-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:S G YuFull Text:PDF
GTID:2166360212978265Subject:Law
Abstract/Summary:PDF Full Text Request
With the massive emergence of group disputes, the matter of individual private interests has become that of widespread public ones. In order not to violate public interests continuatively, the procedural law simulates those who have common interests as"group"or"class", permitting its representatives to institute legal proceedings to the court. Thus, how to handle the internal procuration of this"group"becomes the crux of the legislation. The USA adopts loose representative system while Japan employs the system of designating litigants. The representative action system of China is one in which the side of numerous litigants who have the common interests awards the lawsuit implementation power to one or several of them to sue and respond to prosecutions on behalf of all the other litigants and the judgment of the court has the binding force to all litigants. In this thesis, the author proposes some ideas of consummating China's representative action system through the comparative study of the multipartite action system of different countries.This thesis consists of five chapters, besides preface and conclusion.Chapter One is an overview of multipartite action system. This chapter introduces the advent and development of multipartite action system, especially its history of development in the USA, explaining that it is not what the western countries all have, but that it is produced with the development of society. Meanwhile, its characteristics are induced and analyzed in this chapter.Chapter Two is an investigation into the multipartite action system of different countries. In this chapter, the author makes an elaboration of the multipartite action system of some typical countries, compares various kinds of existing multipartite action system, which have the common and probe into its function, principles, advantages and disadvantages and its law of development. Therefore, it is of extremely important value to the reflection and construction of China's representative action system.Chapter Three mainly discusses the concept, characteristics, types and rationale of the representative action system of China, with the purpose of providing its present situation, which will be helpful to evaluate and analyze the representative action system of China more objectively and realistically.Chapter Four deals with the comparison between the representative action system of China and the class action of the USA as well as the system of designating litigants in Japan, with the hope of putting forward reasonable proposals for the consummation of the representative action system of China.Chapter Five is about the reflection and reconstruction of the representative action system of China. This chapter first introduces different appraisal made by academic circles to the representative action system of China and then analyzes its deficiencies with real evidence. It is thought that the most ideal plan is to consummate this system on the foundation of existing system. Accordingly, the author makes some tentative suggestions of legislation, such as representatives'reward, tacit approval of participating in the lawsuit, and establishing some correlated system.
Keywords/Search Tags:Representative Action, Class Action, Multipartite Action
PDF Full Text Request
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