Study On Group Dispute Action System

The group dispute action institution, which plays a very important role on resolving dispute at present. It is by right of the unique function and value which can know from the tradition single action institution. There are so much jurisprudential study in this field nowadays, so the paper sums up the group action institution in China and others, and make the innovated viewpoint from them on the basis of the former research. The paper is composed of four parts, and is about 39000 words:Part one. The group dispute action institution's character and unique value Chapter one introduces the conception of group action institution. Chapter two analyzes the proprietary attribution of group dispute action which could identify from the Traditional Action Institution with the following reasons: The plural of the one party, Consistency of The claims, the expansion of judicative effectiveness and so on. Chapter three demonstrates the value of the group action, which explains of it from the aspect of intention and justness.Part two. The group action institution analysis comparatively In order to find the difference between them in landscape orientation, The part is based on the comparative analysis of the group action institution to make further research on American, Japanese and German group action. At last, the author analyzes the actuality about our country's group action institution.Part three. Analyzing group action institute's difference in countries On the basis of the content of Part two, the author analyzes mainly the difference about group action institution between American, Japanese, Germany and China, and emphasizes on institution function, just party, validity enlargement to demonstrate the author's viewpoint.Part four. The analysis and perfect of China group dispute action institution In this section, the author studies the status of our group action institution at present and past, and draws a conclusion that our group dispute action institution's limitation consist in the following appearance: the rules which involved in group dispute action institution is too simple, which can't provided the basic frame for the group action institution's acting up, the group action institution's applicability is too limited, and it is not scientific that make the number of party as the standard measuring up the type of group action institution. The purpose of using group dispute action institution in practice had already departures from the usual path. The paper brought forward the advice of perfecting our group action institution at last.