Study On Civil Group Litigation System

With the social and economic development,lots of group conflicts are taking place.Because of practical necessity,group litigation as a new litigation is more and more given attention.The group litigation system is an action system of the party to a case which purpose is to settle the dispute among people.The existence of the group's dispute is not the "patent"of one country. As a phenomenon following the development of the society, it is a commom problem faced by all the countries only differs in the frequency of the happening, the degrees of the scale the specific expressions and the reasons to happen,Generally speaking, the more developed the economy of one country the higher happening frequency of the group's dispute and the lager scale of it.Just because the group's dispute is a common phenomenon,there have the native system or the imported one in each country to seyyle the dispute, such as American class action system, Germany group action system and Japan deputy action system,the Representative action system of China and so on.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 socila stability,most cases are refused by court.This paper with comparative and positive methodology,at the basic of reviewing three types of the group litigation system in foreign countries,combining with the condition and reality in our country,puts forard some opinions of the reformation and modification of the group litigation system in china.The paper divides into four parts as follow:For the first chapter,I analyze the basic theory of group litigation system.Firstly,I introduce the concept and characteristics of the group litigation system, then summarize its function, and I analyze and intuoduce therelations of the group litigation system and joint action at last.For the second chapter,I review,research and compare some typical types of the group litigation system in foreign countries,which include American class action syetem,Germany group action system and Japan deputy action system.Particularly,I introduce the revelation experience to our county system.For the third chapter,I give an introduction and analysis of legal rule, main content and legislation circumstance. I iscuss relations of the representative action system of China and joint action and the group litigation system function situation of the representative action in our country. Based on this and I had pointed out representative action system of China the question which and the insufficiency exists in the movement process.For the fourth chapter, According to representative action system of China existence some questions, I suggest reforms with consummates some tentative plans which representative action system of China proposed.and pointed out that representative action system of China should in profit from the overseas legislation empirical base to consummate, Suggestion Introduction association lawsuit system. And in group litlgation system's applicable scope, lawsuit representative entity right's expansion, announcement procedure's aspects and so on consummation puts forward the concrete legislative proposal.