The Class Action Reform And Perfection Of The System In China

With the social and economic development, lots of group conflicts are takingplace. Because of practical necessity, group litigation as a new litigation is more andmore given attention. But the status quo of the group litigation in china (therepresentative action) is unsatisfied. I conclude the reasons as follows. On thelegislative side, most rules are abstract, and lack of applicability;on the judicial side,the application of representative action has many problems in practice. For example,for the social stability, most cases are refused by court. This paper with comparativeand positive methodology, at the basic of reviewing three types of the group litigationsystem in foreign countries, combining with the condition and reality in our country,puts forward some opinions of the reformation and modification of the grouplitigation system in china.The paper divides into four parts as follow:For the first chapter, I analyze the basic theory of group litigation system. Firstly,I introduce the concept and characteristics of the group litigation system, and thenanalyze its reality demand factors, summarize its value at last.For the second chapter, I review, research and compare some typical types of thegroup litigation system in foreign countries, which include American class actionsystem, Germany group action system and Japan deputy action system. Particularly, Iintroduce the real situation of the American class action, and the revelation experienceabout the American class action system and Germany group action system to ourcountry system.For the third chapter, I give an introduction and analysis of legislationcircumstance, main content and function situation of the representative action in ourcountry. And I research the difference between our country group litigation systemand foreign ones.For the fourth chapter, I discuss the reformation and modification of the grouplitigation system in china. In this part, I set up the principle of the modification of thegroup litigation firstly, then give the suggestion of the reformation and modificationof the representative action system in detail, and introduce the group action system,establish the multiplex group conflict resolution system in our country combiningwith the substantive and procedure law at last.