Study Of Representative Litigation System In China

There are more and more researches on representative proceeding in academic circle in China since group disputes happened frequently with the rapid development of economy. Representative proceeding has not been established until the new Civil Procedure Law was enacted in the year of 1991 in China. With the new conditions of group disputes emerging, however, the existing laws and regulations on representative proceeding do not fulfill the need of social reality. Some recommendations are proposed on how to reform and perfect representative proceeding system of our country in this thesis on the basis of analyzing and drawing on experience of representative proceeding system in America, Australia, the United Kingdom and Sweden.This thesis consists of four chapters. The first chapter gives a basic introduction of representative proceeding system including its concept and characteristics, its functions and values, as well as the concepts relevant to it.The second chapter discusses analysis and remarks are made on applied conditions and legal regulations of representative proceeding system in America, Australia, the United Kingdom and Sweden.The third chapter emphasizes on the analysis of representative proceeding in our country and reaches a conclusion on the system flaws both in legislative and practical aspect.In the last chapter several recommendations to reform and perfect representative proceeding system in China are given by taking examples from American opt-out class action.