On The Litigation Systems In The Group And Its Practice In China And Development

The system of group litigation is designed to settle group disputes under thebackground of modernized development, which has remedied the weakness oftraditional system of single litigation and joint litigation. The typical group litigationsystems include class action system of the United States, designated representativelitigation system of Japan, "Verbandsklage" system of Germany, and representativelitigation system of China.This thesis adopts a combined method of theoretical research and case study,and carries out a historical and comparative analysis on the group litigation systemthoroughly. In regard of the practical significance of this thesis, various groupdisputes and events have become more and more common in the current transitionperiod;it is 15 years since the establishment of the representative litigation system ofChina while there are quite a lot of problems in the practical operation of the system.Therefore, it is necessary to analyze the solutions to solving group disputes in otherjurisdictions, to comprehensively consider the according social background, legaltradition, judicial system and other factors, and to make appropriate suggestions to thecurrent system of China based on the actual and unique situation of China.Meanwhile, by taking the example of the new development of the class actionsystem in the United States since 1990s, the author emphasizes the various socialconditions which the system of class action is based on. The author also recognizesthe dilemma and paradox of the class action system in the United States.At the end of this thesis, the author concludes that the solution to the groupdisputes in China have to be in accordance with the characteristics of the currenttransition period of China. Since the social preconditions for complete introducingof the US-styled class action system are still not available, judicial practice must beadjusted to mitigate the gap between the legislative expectation and the social reality,and all the improvements should be based on the current representative litigationsystem of China.