| With the process of industrialization and social development, the number of group disputes caused by mass torts worldwide is growing rapidly, this problem posed a severe challenge to the traditional civil procedure. As a result, group litigation system in various countries came into being. As one of them, test action has been introduced by many countries and regions into their civil procedural laws. It plays an important role in resolving group disputes. There are many similar judicial practices which lack of theoretical guidance and it causes a lot of problems in China. Therefore, it has great practical significance to build our test action system on the base of foreign legislation and practice. The full thesis is divided into the following four parts:Chapterâ… is an overview of test actions. It defines the concept and characteristic of test action, and then put the study emphasis on narrow litigation. Secondly, it compares the different types of test action, the difference between test action and other group litigation systems, explains the function and value of the test action.Chapterâ…¡, it explores the litigation history, legislation and practice conditions of test action in foreign countries. On the base of that, it compares and evaluates the test action system in the United Kingdom,the United States and Germany.Chapterâ…¢, it focuses on the necessity to establish test action system in China. There are many judicial practice that same as test action and lots of domestic-related cases. So it's necessary to import test action not only in theory but also in the judicial practice.Chapter IV, this point should be clear that the relationship between test action and representative litigation. Test action is just one of diversified dispute settlement mechanism and it should be apply to our judicial practice with other systems supporting. At last, this paper proposes the specific system design of test action which will have a bright future in China. |
