Research On The System Of Community Lawsuit

With the development of the economy and society, group disputes are springing up. Because of judiciary practice requirement, group legal action system is regarded more highly by people.But the current situation suitable for use of representative legal action system is not entirely satisfactory, and the reason is lain in mainly on legislation. Representative legal action system stipulates many principles, the law article are very few; and the whole system is not working well; In judicial practice level, the representative legal action system also met with the problems.Considering the so-called "social stability factor",the court mostly do not accept and hear the case of representative legal action. There are various solution models to group dispute represented by American Corp. legal action, German group legal action and selected party system of Japan and Taiwan area. This paper takes the concept of group legal action for starting point, analyzes its background characteristics and own values, refers to the group legal action system abroad, and provides the viewpoints about reforming and improving the system of group litigation in our country.This paper consists of introduction, main body and conclusion. The main body includes three chapters.The first chapter is about group legal action system introductions.Originally, this chapter has taken the concept analysis to group legal action and background analysis of resolving pattern creation as point of penetration. Afterwards, the article passes the analysis to the group legal action system characteristic and value in order to explain the elements of group litigation and its unique function different from other civil action mode.The second chapter is talking about the study and Inspiration of group legal action pattern abroad. Carry out examination study and compare on several kind representatives group legal action system of the foreign country, including American Corp. legal action system, German group legal action system and Japanese selected interested party system. This chapter not only deals with the existence differences, but also carries out analysis between them. The third chapter is about the disadvantages of our country representative legal action and the proposal about improvement. It deals with the background of groups dispute of our country, the background of representative of the legislative proceedings, the differences of representative litigation system between our country and other countries, the disadvantage of our representative litigation system, and the proposal of improvement.