A Study On The Function Of Group Litigation In Advancing Sci-Tech Justic

The high-speed developing modern sci-tech is continuously breaking the present benefit patterns, leading to the new conflicts of interests, and challenging the principle of social justice. Owing to its unique function, group litigation is constantly seeking the balance between the subjects who enjoy the advantages from science and technology and the those who undertake the disadvantages thereof, regulating the redistribution of interests and correcting the direction of sci-tech evolution through the new social concept and policy, and thus, offering a process for the whole society to the constant access to sci-tech justice.As a remedy for the interests of the weak and scattered individuals, group litigation practices the inherent requirement of the principle of sci-tech justice; as the roll booster of public interest, group litigation realizes the principle of sci-tech justice by integrating the private interest and public interest; as the output path of social policy, group litigation explores the justicial direction of the development of sci-tech by public participation. Of course, a series of problems affect the group litigation's function in the process, such as, the protection of group member's interests, the balance between group interest and public interest, the limitation and legitimacy of the expanding judicial function and the relations between justice and effectiveness, etc. Therefore, we should promote the group litigation'function of impelling sci-tech justice by strengthening the supervision and restriction, making the judge jurisdiction clear, improving judicial authority and simultaneously constructing relative procedure and entity rules in particular domains.Through the method of sociology of law, we put forward the concept of sci-tech justice based on the changes of social situation leaded to by the development of sci-tech, and pay attention to group litigation's function of narrowing the gap between the field of trial and reality, which appears responding to the development of society. Through researching this topic, it's beneficial to enrich and deepen the theoretical system of group litigation. Meanwhile, we could search a feasible law approach for sci-tech to overcome the blindness and correct the direction in its development.