On The Improvement Of The Group Litigation Of China

With the social and economic development,the disputes of infringing multitudinous people's civil rights continuously increased due to the product quality, false advertisement and environmental pollution. For these disputes, the traditional litigation system was unable to resolve. In order to resolve the benefit between multitudinous litigant and the other side to achieve the goal of the litigation economy, many countries have established corresponding group litigation systems. They mainly include American class litigation, Germany association litigation, Japan's designated litigant litigation and our country's representative litigation system. Due to over principle and lack of operability, the representative litigation system was difficult to run in the judicial practice. On the base of comparative and empirical analysis of typical group litigation, this paper gives some suggests for improving the representative litigation system.This article first describes the concepts and characteristics of the group litigation system and reviews the historical development of group litigation system in some countries, and analyzes the function and value of establishment of group litigation system. Next, studies the typical group litigation system with comparative and empirical methods, and analyzes the characteristics and disciplines of group litigation in different countries so as to provide important reference for our country's representative litigation system. Once more, discusses the concept, characteristics and theoretical basis of representative litigation system, which to understand the status quo of China's representative litigation system, and objectively and realistically analyze the deficiencies and defects of China's representative litigation system. Then, through the analysis of the representative litigation system deficiencies and defects, I put forward a number of reform proposals, such as to give representative physical powers, to establish representative litigation incentive mechanisms and related supporting systems.