Research On The System Of Test Case

In face of the social condition that mass disputes arise frequently, Civil Procedure Law of the People's Republic of China which adopted in 1991 set up the system of representative litigation. But in the past few years, the system hasn't work on and the mass disputes have been divided into large numbers of individual litigations. How to deal with the problem and set up an effective group litigation mode become the concern of jurisconsults.Test case is an important replaceable way to deal with the mass dispute. With its special characteristics and functions that other group litigation systems lack, it has been used in many foreign countries, and the legislation is more and more perfect. But on account of the astriction of study area, the jurisconsults in our country haven't attached importance to the system. Therefore, author tries to carry on a systemic study on test case, through the analysis of its bases and value, and then sets up a reasonable rule of test case in China.Besides foreword and conclusion, the thesis is divided into four chapters.The first chapter introduces the concept and characteristic of test case briefly, and then put the study emphasis on its value. The analysis of superiority and limitation of this system lays foundation for the research of the following text.The second chapter introduces the practice of test case in several foreign countries, including Germany, Britain, United States, Austria and Switzerland. In Germany, test case is used continually, and the relevant legislation enriches the connotation of the system, providing us the consulting model.In the third chapter, author focuses on the need and feasibility to establish test case in China. We can reach the conclusion that it's necessary to import test case in China base on the discussion about the current situation of China, the request of litigation and the development of ADR. Besides, it's feasible to import not only in theory but also in the judicature practice.The fourth chapter fixes the appropriate position for test case. In China, developing test case should deal with the relationship with representative litigation, and it must be treated as a long-range program. At the same time, as a transplant, the system should be rebuilt to accord with the situation of China.