On The Perfection Of China's Representative Action

Along with the economical development, our country's economy markets develop quickly, some new contradictories also along with it apparent, the traditional dispute already not to adapt. Regarding this, one kind of new dispute solution - - representative lawsuit system to arise at the historic moment. The practice proved that this system has made up the traditional solution; the new colony dispute's has played the vital role in the solution colony dispute process. But, our country representative lawsuit system takes one kind of new lawsuit system to establish about the ten years the time, it still had many insufficiencies in the practice movement regarding the solution colony dispute, therefore, it is necessary to analyze to various countries' solution colony dispute's system, over all evaluation various countries establishment corresponding aspect and system's social background, legal tradition, legal system factors and utilize the comparison research the method, discovers its general characters, and absorbs according to our country's actual situation and uses for reference, the perfect representative lawsuit system, plays its solution dispute's role well.This article first introduced the colony lawsuit system produces historical perspective, analysis colony lawsuit and function; Next, carries on various countries about the community lawsuit's stipulation the comparison, has the representative community lawsuit system and our country's representative lawsuit system the foreign country carries on the comparison, uses for reference as a means of; Once more, analyzes our country representative lawsuit system's stipulation, to this system's actual movement condition conducts the research from our country law about the representative system's stipulation; Then, analyzes our country representative lawsuit system existence the flaw, mainly involves several representative lawsuit system present existence the quite prominent question, analyzes reason which it produces, provides the reference for the reform; Finally, discusses our country representative lawsuit system's reform and the consummation road, both has to the original system's supplement consummation, for instance the reform consummates about the representative jurisdiction and so on stipulation, and has to introduces the new system's attempt, for instance has the condition introduction association lawsuit, the group lawsuit system.