| With the development of the securities market, a lot of security civil torts come to the fore and many civil tort action of securities need to get relief from the court. At the same time, it takes a challenge to the court. How to deal with questions such as these actions with a small account and many interested party members? The answer may regard to the social stability, and resolve to whether such actions may be dealt timely and beautiful. The insufficient of current representative action in our country impel the court to look for a new kind of group litigation. Representative litigation emerges on the needs of dealing with such question, and is provided with matchless advantages.This article includes five chapters except the introduction and peroration. In the first chapter, I sort out and analysis the notion and classification of the representative litigation, and make comparatives with the other group litigation. All these will lay a good foundation for the following article.In the second chapter, I have introduced the historical background of the representative litigation and the history of its development and transformation.In the third chapter, the necessity and practicability of introducing representative litigation into our country will be discussed. The former will resolve the question why the introducing is a necessary, the later will prove the practicability in theory and practice.In the last chapter, I discussed the structure of institution of representative litigation. The specific contend includes:the choice of litigation module, territorial jurisdiction, grade jurisdiction, the notice, the decision of module action, the dilatation of res judicata, the other people’s rights and interests’ protection.This article discusses and analysis the above questions in two aspects of theory and practice. I sincerely hope this article may do a favor in the construction of representative litigation and help to resolve the question of security tort action. |
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