Analysis On Merit And Function Of Lawyer In Group Action

The lawyer is the special job of offering overall law service for various social subjects in the modern nomocracy society, group action is a kind of party's system which is designed in order to solve majority's dispute, the purpose is to economically solve the dispute in the limited lawsuit space. And the effective combination of the two makes other countries in the world, especially the class action in U.S.A. as the modern new dispute solving mechanism to be redoubled efficient, and even can be regarded so, whether the judicial practice of the U.S.A class action succeeds or not, the lawyer among them is the key. Above all, this thesis attempts to analyze the value of the lawyer participating in class action, to make the rational explanation to this kind of situation, and to offer a kind of choice route of solving the difficult problem in the judicial practice of class action in our country.This thesis is divided into three parts: Part one, stated and analyzed the inherent requirement and value function to the lawyer participating in class action, stated that no matter in terms of cognition of class action's complexity, or safeguard of social public service or lawsuit economic view, the succeeds of practice of class action demands the participation of the lawyer; Part two, analyzed the dual character of lawyer participating in class action, pointed out the doubt and question faced, and make reasonable explanation and argumentation, think that lawyer participating in class action should receive reasonable repayment and strictly monitored; Part three, explored the judicial practice of the lawyer promoting group action in our country, pointed out on the basis of our current class action mode, the representative class system, how to promote the judicial practice of our country by the lawyer's support and dispels the worry that the country to the group's dispute sharpening.