The Research Group Litigation Legislation And Judicial Practice

In recent years, with high speed development of economy and transforming of the society, the group dispute and group action assume the unceasing rise in our country. Its great quantity, broad scope, big processing difficulty has surpassed formerly any time. How to prevent and solve various group disputes has become an important task to maintain the social stability and construct the harmonious society.It is also a question which theory and practice circles are exploring in our country. The author conducted a comparative study of theory and practice of group actions in the domestic and foreign countries in this article. Especially on the basis of analysis to group action legislation and the judicial practice in our country, the author profited from the overseas newest achievement and unified China’s national condition. Then the author expected to propose a complete preliminary frame of group action system reform in our country.The full text is consisted of four chapters. And the basic content is as follows:Chapter one is the basic theory of group action. The aim of this chapter is through the analysis of basic concept and characteristics of group action to provide and lay solid foundation to later research on the legislation and the judicial practice.Chapter two is the study and analysis of the foreign group action. This chapter the author respectively research on American opt-out class action, English and Sweden opt-in class action and the German class litigation. The aim of study foreign group action is to learn from their experience and improve and reconstruct our country’s group action.Chapter three is the present situation and defects of the class action in our country. This chapter through research and analysis of our existing system of representative lawsuit and its defects, focusing on the level of legislation and the judicial practice, to provide the direction of improvement and reconstruction of the representative lawsuit in our country.Chapter four is reconstruction of the Group action in our country. The author proposed overall thought of group action system on the basis of above three chapter. The author put forward to introduce class action and class litigation, at the same time, we must improve our country’s representative lawsuit.