The Study On The System Of Group Civil Action

With the development of economy and large-scale socialized production, the group civil disputes involving multitudinous litigants has come into being. One party in the dispute with the many people often belonging to vulnerable groups and the evolution of interests suffered from the individual interests to the diffuse interests and collective interests. The system of group civil action has come into being as the result of which the single traditional form of action has been unable to adapt to this particular type of dispute. The representative systems of group civil action include the British Class Action, the American Class Action, the German Association Action, Japanese Designated Litigant Action as well as the newly emerging test action on the world these days. The system of group civil action can relieve large number of "the majority of small" "perishable rights" through the limited judicial resources and can combine the justice and efficiency together well by saving the litigation resources and protect the legitimate rights and interests of vulnerable groups. The study on the system of group civil action has already become an important common highlight around the world as the result of increasing the civil disputes involving multitudinous litigants in today's society.At present, our systems of litigious resolution responding to the civil disputes involving multitudinous litigants mainly include representative action, association action and test action all of which can not play the role very well due to their respective so many shortcomings. Therefore, the author deals with the basic theory of the system of group civil action by taking the system of group civil action as the studying object in the empirical method, the investigating method and the comparative analysis method in this dissertation. The author puts emphasis on the present situation of development of our system of group civil action and puts forward that the our reconstruction of the system of group civil action should be based itself on the conditions of our country on the basis of the representative systems of group civil action on the world today. When we deal with the group civil action, we should give priority to the protection of and the remedy for the individual rights by taking account of the social public interests, especially the value of social stability. We can not promote unrealistically the application of the system of group civil action while we should establish a pluralistic litigation system of the civil disputes involving multitudinous litigants to effectively solve the civil disputes involving multitudinous litigants in order to provide the effective legal support to the construction of harmonious society.