The Community Lawsuit System Research

Majority Litigation was not a special legal term in history, but the description of a kind of litigation phenomenon. At the end of the 18th century, with the production and development of modern industry, a lot of majority dispute, namely a kind of behavior or the fact cause the dispute of numerous subjects. When the majority dispute is appealed to the court, Majority Litigation has appeared. Because of numerous of lawsuits subjects, not only the single lawsuit system in the traditional civil action can't be solved, but also the co-litigation system is powerless. The lawsuit practice is calling for the birth of the new litigation system. So Majority Litigation is a concept arise with the dispute modernization.This article first carries on the elaboration to the community lawsuit system elementary theory question, then carries on the comparative analysis to various countries' processing communities dispute several representative system. This article finally carries on the analysis to our country representative lawsuit actual movement condition, How tries on to reform and consummates our country at present the community lawsuit system to propose own opinion.This article altogether divides into four chapters:First chapter is to the community lawsuit system outline. The author first elaborated own regarding the community lawsuit system basic cognition, Mainly introduced the community lawsuit system production background and summarized the community lawsuit system basic characteristic; Then has analyzed the function which the modern community lawsuit system should have; Finally, The author has carried on the discussion to the community lawsuit system value.Second chapter introduced and narrated and commented the overseas several kinds to have the representative community lawsuit system, Including US's group lawsuit system, Germany's association lawsuit system, Japan's designation litigant system, and has carried on the analysis comparison to these systems.Third chapter introduces our country community lawsuit system - - representative lawsuit system. This part outlined our country representative this to have the social background, the main characteristic and the present situation appraisal which the Chinese original lawsuit system produced, And carries on it with the overseas several population body lawsuit system the comparison, Analyzes its similarities and differences.Fourth chapter how on reformed and consummates our country's representative lawsuit system to propose own opinion. At the same time, May introduce US's group lawsuit, But our country still did not have the whole to introduce the American group lawsuit system at present the social condition, Only can profit from its merit in the specific domain; On the other hand, Mainly consummates our country's representative lawsuit system from three aspects:(1) moderate expanded applicable scope;(2) consummation law to lawsuit representative's stipulation;(3) procedure aspect reform.