Group Lawsuit System Reform And Perfect Of Our Country

The group disputes has become the current hot issue in China. Justice asthe last line of defense of social justice，should not take non-litigation disputeresolution to resolve group disputes. To establish a fair and efficient groupaction mechanism properly resolved has become the focus and difficulty of thecomprehensive revision of China’s Civil Procedure Law. Firstly，this paperanalyzes the basic theory of group action system,from the value and functionaspects of group litigation system as the breakthrough point; Secondly，on thesystem of group litigation operation current situation undertook study，pointedout current our country to solve the group dispute lawsuit system that is the mainrepresentative lawsuit system of representative action system，however thepresent situation is not just as one wishes，mainly has the following drawbacks：At the legislative level，China ’s representative litigation system specified in thecivil law is too harsh too few legal provisions，the operability is rather poor；Injudicial practice，representative litigation also encountered difficulties，court ofrepresentative cases are dismissed or divisional processing；Finally，fullyunderstanding of the existence of group litigation and other national grouplitigation system model to compare and learn from，based on national conditionsand the combination of substantive and procedural，Group litigation reform andthe judicial system reform in contact，constructed the adaption to differentrequirements of different types of our group litigation，On the basis of thesethree aspects，We proposed the whole idea of reform of our group litigationsystem and designed to improve its framework， namely： Firstly, in theprosecution，admissibility stage should be made by the parties to apply for orcourt preliminary examination to decide whether to apply the system of grouplitigation；Secondly, the principle of inversion of the burden of proof at trial；Thirdly，Increase the provisions of the procedural right of appeal Fourthly，civillitigation representative litigation issues in the implementation of ideas. The aimis to provide a reference for group litigation build and to improve the status ofthe running of the group litigation， to find some rules hidden in the group litigation system.