Research On The System Of The Group Litigation

As the central-committee of the eleventh CPC, great changes have taken place both on social and economic institutions. Our country is aiming at relationships between social subjects. phenomena decades the increases of the conflicts. Therefore, a conduct or a face, which makes many legal subjects include the conflict becomes more and more.Group litigation is a kind of suit which aims at solve the conflict that has a relationship with many people, besides the collateral lawsuit. Many countries have this kind of lawsuit.In these years, the tendency of group litigation in China has these characteristics: for the first, the conflict is related with almost every field of the society and economics. For the second, the number of victim is increasing. For the third, the harm of some group litigation such as environmental pollution always has a wide scoop. For the fourth, in near two years, some group litigation makes the society unstable. In the face of these new conditions, our commissarial lawsuit institution has a very great challeng, especially for the function of group lawsuit procedure. This paper gives an analysis on the historical origin, procedural model, judicial process of group litigation, and provides a renewed research on group litigation through theoretical and practical facets.It divided into five parts as follow:For the reface, firstly, I introduce the value of the research. For one side,it gives definite differences between group litigation and any other lawsuit, such as the collateral lawsuit; on the other side, it can enrich the theoretical system of our civil procedural law.For the first chapter, I analyze the concept and characteristics of the group litigation, and differences between the group litigation and other lawsuit. It has the characteristics as follows. There are more than two people in any party, and can not be solved by collateral lawsuit; the group subjects are suppositional; the path to fulfill subjects'rights is indirect; the subject of judgment is expansive.For the second chapter, I give a analysis on the origin of the group litigating. Gruop litigation origin from commissarial lawsuit in equity of England. In the influence of it, America sets up the class action institution, and German sets up class litigation, and Japan sets up selective party lawsuit.For the third chapter, I discuss the basic theoretical problems of the group litigation institution. I consider the group litigation has many function, such as rights remedying, conflict solving absolutely, public policy making, substantive rights or rules formulating, social stimulating, and judicial efficiency function.For the four chapter, I discuss the group litigation in China, the establishment and modification of the commissarial lawsuit.