Research On The Test Case System

Civil proceedings in all nations are confronting the challenge of group disputes, with defects in each system of group litigation. Faced with the world problem, many nations have set up corresponding group dispute mechanisms. But in practice are in trouble or in dispute. The establishment of a diversity of group disputes has been consensus across the world. The system of representative litigation is also set up in People's Republic of China . But in the past few years, the system hasn't work on and the group 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 such a newly developing system of potential. Currently it is used in many countries. Although it has not been our legal system's emphasis on academics,however in judicial practice, there is a similar demonstration using litigation approach to do with the group disputes. So it is necessary to conduct in-depth study model litigation. This paper is based on previous research conducted on the Model System of the litigation system a preliminary attempt, in order to contribute to the development system a little contribution to the theory.Addition to the introduction and conclusion, the paper is divided into four parts: Part I: The basic cognitive test case. This part discusses the demonstration litigation system definition, functional value and limitations, etc. The specific argument for the provision of premises for the paper.Part II: Test case system in Europe and the United States national legislation and practice study. Mainly on the part of Germany, the United Kingdom, the United States and other countries, the production test case system history, practice and legislative status. On this basis, will demonstrate the litigation system is divided into three types: Compact-type test case, terms of type and the mixed test case , and had each of the three types of assessment.Part III: Construction of the test case system in china demonstrate the theoretical basis. This part discusses the legal system in China demonstrate the need to build, and ?demonstration of the feasibility of litigation and the relationship between the orientation of legal counsel, and the mode selection, and legislative guidance to ideas.Part IV: China's legal system, programming model and supporting system. This part discusses the legal system, programming model specific content and content related systems...