Group Litigation Comparative Study

Class action is a system designed to resolve the disputes among parties. When one or both parties consist of many members, they can not be regarded as a legal entity to sue since they don't have factual or legal relevance to qualify as a fixed organization.Different ways have been adopted by various nations to set up a litigation system to resolve the disputes among parties with many members, which are similar in some aspects and different in others. Because of the similarity in dealing with modern litigation by different nations and the reinforcement in their impact and study, the author here will talk about the characters, operations and problems about this litigation system in order to optimize the class action system of our country.There are six parts and 35,000 words.The first part mainly talks about the different modes of class action around the world and introduces the history of this system.Among these modes, much attention is paid to the American one. The secondPart mainly talks about the character and conditions of America's class action and analyzes the conflict and equity of traditional theory. The third and fourth part talks about the group action systems of Japan and Germany and compares them respectively.The fifth part mainly talks about the representative action system regulated by the Civil Procedure Law of our country. Based on the comparison among class action, representative action and group action, the sixth part forwards the author's plan of how to upgrade the representative action of our country.