Research On Test Action

With the commodity economy developed and refined social division of labor, the group disputes in China was getting worse.China's traditional system of representative litigation is increasingly showing the situation of today's Chinese communities inadjusting to the dispute. At this point, how to maintain the social stability, and gradually establish a perfect system of group litigation system is the critical issue. Test action system is indeed a group litigation system which is currently a good transition in the process of establishing a system. I research the test action system, from the community point of view of the dispute settlement mechanism to cut into the proceedings, aimed at groups of litigation through settlement mechanism of the study. under the social environment in China, the test action means a lot to the group litigation system of China , and after examining the status of our model to run the proceedings and the developed nations' legislation, we'll find a viable way of thinking for the standardization of test action.Besides foreword and conclusion, the article is divided into four sections.Chapter One An overview of group litigationFirst, in order to have a clear understanding of the respective advantages and disadvantages, I made an overview of current status of dispute resolution of major countries and regions. Secondly, the legitimacy and weaknesses of our system of representative litigation were described in detail, which leaded to choosing the test action as the complement of China's representative system, and further explained in detail it was necessary to establish the test action system.Chapter Two An overview of test actionsFirst of all, after define the test action, and summarize the characteristics of the test action, I make sure that this study specifically target at a narrow test action, which is distincted from other group litigation systems. Secondly, this section further elaborate the test action can compensate for China's representative action litigation system well which has inherent deficiencies in the system. Especially, the test action has many other functions such as small split large, balance action lawsuit justice and economy, and end groups of dispute.Chapter Three Elaborate on the specific content of the test actionThis portion is intended to demonstrate the litigation system in the world today under the three main modes separately: the contractual test action, the competence-based test action and the mixed-type test action. First of all, both the suit contract and the right to choose in civil proceedings are the two major theoretical foundation; then pointed out that the composition of the contractual test action; after that, I turn to explore the plight of the theory of the contractual test action, which leads to introduce the competence-based test action and the mixed-type test action. Secondly, in terms of competence-based test action, this paper focuses on the comparison and detailed description the presenting litigation procedures, trial procedures, demonstration of judgments and the cost implications of binding requirement of German and British. Finally, as a representative country of the mixed-type test action, the test action in the United States is different from the competence-based test action. For example, the interested parties don't enjoy the rights of test action in German, but parties enjoy much more rights in a large number of areas such as starting proceedings in the demonstration, application, and the selection of test cases.Chapter Four Some bold ideas of building the test action system in ChinaFirst, by summing up the practical experience of the proceedings of three demonstrations of test action, I think that, according to national conditions, it is better to practice the competence-based test action. Second, because our test cases are generally transformed from the representative litigation, there is need to clarify the split standards of representative litigation; the test cases should also be advised to select the plaintiff who has the highest amount of the claim subject matter of litigation, while respecting the parties desired. Third, in view of the cases have significant impact, the test cases should be heard by the intermediate People's Court or above. In the trial process, it is to be considered that the parities who didn't join the the trial should have settlement time,and the alternative mechanisms in case of the parties make a settlement. Finally, the expansion of Res Judicata of the test cases should meet certain conditions. And the cost of litigation should be a judge based on the proportion of the amount of requirement between the test litigants and the interested parties.