Demonstration Of Litigation

In China, current mass disputes is multiple. How to effectively solve theacademic mass disputes has been the focus of attention. Our mass disputes resolvedregime is representative action system, but due to many defects representativelitigation system, the current is basically idle.In other countries, the relevant legislation has been exemplary action, the judicialpractice of China in recent years is also extensive use of foreign exemplary mannersimilar litigation to test case. But whether practitioners or theorists, there are notrelated systems research, especially how to build the test case proceedings. ThereforeThis article made the system study of test case which included the manifestation oftest case in our country, institutional values, constituent elements and specificprocedures. The thesis is divided into five parts:The first part of the group disputes the mass disputes mechanism. As the civillaw country, Germany and Japan all have mass disputes system. This part compareGermany mass disputes system with Japan. Germany exemplary action selectedrepresentative system, and the representative action in China and the classification oftest case in judicial practice of China.The second part contains the exemplary form of test case in our judicial practice.Exemplary action in the concrete manifestation of our judicial practice are separatefile, separate trials; separate filing, Separate Trial; merger prosecution, separate trials.The third part discusses the values of test case. Summarize four values of testcase. Test case can promote litigation efficiency, play the function of public welfare,impel disputes resolved diversified, remedy the defects of representative action.The fourth part discusses the factors of test case. Test case includes more than10cases, common points of dispute, the same type of the object of case. The author alsopointed out that the same defendants are not the factor of test case.The fifth part discusses the procedure of test case. Test case contains threeperiods. The first period is the emerge of test case, which includes startup, jurisdiction,bulletin, register, select test case. The second period is the court proceedings, whichincludes the preparation program, plaintiff’s rights and limitation, the rights ofregisters, trial procedures and the burden of costs. The third period is the expansion oftest case’s judgment, which includes theoretical basis, the scope of expansion and theprocedure of the expansion.