The Way And Option Of Group Action In China

With the social and economic development, lots of group conflicts are taking place. Because of practical necessity, group litigation as a new litigation is given attention more and more. But the status quo of the group litigation in China (the representative action) is unsatisfied. I conclude the reasons as follows. On the legislative side, most rules are abstract, and lack of applicability; on the judicial side, the application of representative action has many problems in practice. For example, for the social stability, most of cases are refused by court. This paper with comparative and positive methodology, on the basic of reviewing three types of the group litigation system in foreign countries, combining with the condition and reality in our country, puts forward some opinions of the reformation and modification of the group litigation system in China. The paper is divided into four parts as follows:The first chapter: I analyze the basic theory of group litigation system. Firstly, I introduce the concept and characteristics of the group litigation system, and then analyze its reality demand factors, summarize its value at last.The second chapter, I review, research and compare some typical types of the group litigation system in foreign countries, which include American class action system, Germany group action system and Japan deputy action system. Particularly, I introduce the real situation of the American class action, and the revelation experience about the American class action system and Germany group action system to our country.The third chapter: I give an introduction and analysis of legislation circumstance, main content and function situation of the representative action in our country. Then I do research on the difference between our country group litigation system and foreign ones.The fourth chapter: I discuss the reformation and modification of the group litigation system in china. In this part, I set up the principle of the modification of the group litigation firstly, then give the suggestion of the reformation and modification of the representative action system in detail secondly, and introduce the group action and establish the multiplex group conflict resolution system in our country with the substantive and procedure law at last.