Research On Test Case

Test case , a new kind of group action , is popular world-wide for the reason that it isable to deal with group dispute effectively in practice . There are four characteristics in testcase in which the individuality on filing and hearing is the essential characteristics whichdiffers from other group actions. In legislation, test case has three processes : the start of testcase system, the trial of test case, and the continuance of individual cases . The two main legalsystems are not common in specifics of the three processes . In practice , test case is applicablemainly in two fields :one is"small majority"damage cases .The other is significant personal andproperty damage cases . Test case can be put into practice efficiently owing to three aspects : theprinciple of honor to contracts , courts to actively implement case management and the socialresponsibility of the country and the enterprises. Test case and other group litigation have commontheoretical basis of construction which are case management theory and distributive justice theory. Butin addition , the construction of test case should also proof two problems which are the basis ofexpansion of the decision effectiveness and the legitimacy of the contracts of test case. As for thebasis of expansion of the decision effectiveness , continental law countries can testify it by the theory ofthe third person to participate in legal aid , however , common law countries can testify it by stare caseand collateral estoppel . The theoretical basis of the legitimacy of the contracts of test case ismultiple theoretical support system , containing autonomy of private law , the principle of dispositionright , dominant procedural position of the party , efficiency doctrine and the rest . The socialenvironment of the construction of test case mainly include three factors : relatively stable socialstructure , courts to settle dispute with the orthodox and resources , parties with the procedureoptions .On one hand , the paper displays the real original of test case more accurately andcompletely by studying original foreign documents . Meanwhile , the paper indicates that twodomestic viewpoints are prejudicial which are about the type of test case patterns and aboutthe statement on"the practice of out courts is the prototype of test case". On the otherhand , the paper demonstrates that it is inappropriate to introduce test case for this moment toour country on the grounds that there is neither social environment nor necessity of theintroduction. Besides a series of negative effects may rise if test case was introduced to our country . The paper also refutes the main points of view on the introduction of test case.However, the construction of pluralistic group action system is still the inevitable trend ofgroup dispute resolution in the future. With the end of transforming of our society , therestructure of state power , and the enhancement of dominant procedural position of the litigants ,test case may have system space of its construction and effective operation.