On The Perfection Of China's Representative Action

Along with the deep-going of the reform and open policy, and also with the establishment of the market economy system, is China in the social transition period to experience each kind of social dispute and the benefit dispute puzzle, but the communitive dispute sends much then becomes this social unique sensitive topic. Andit has been the question that our country's law scholar may not avoid——how to solvethese communitive dispute fairly, economically and effectively. Although our countryalready have established a unique community dispute lawsuit system——therepresentative lawsuit system, early in 1991, but in practices, this system does not move by effectively like anticipated. Therefore,the dispute to this system rises from all directions in the law educational world and the media , weiled criticism quite a lot, and even some scholars advocated to substitute this system with US's group lawsuit system. In view of this kind of condition, the author analyzed the crucial reasons which caused the failure movement of our country's representative lawsuit system through this article. And the author also proposed to our country's representative lawsuit system's consummation and conceived with some suggestion, just on the inspection and the model overseas correlation system and on the processing mode foundation.This article altogether is composed by three parts. The first part introduced the legislation background and the legal frame of our country's representative lawsuit system briefly, and also analyzed the various reasons of the failure of the system to achieve the legislation effect anticipated, just from the three angles of the particulary communitive dispute during our country's society reforming time, the court judicature policy influence and the legislation establishment limit by the representative lawsuit system's own;The second part is mainly to obtain some beneficial experiences to our country's lawsuit representative system consummation by the introduction,inspection and comparison, through the several main kinds of community lawsuit system in theworld——US's group lawsuit system, Japan's lawsuit representative system andGermany's association lawsuit system;The third part proposed to the consummation of our country's lawsuit representative system with the suggestion, including to current representative lawsuit system's own legislation flaw consummation and correlation necessary system consummation, based on the analyses and the conclusion of the first two parts.