Group Action Research

Group litigation system originated in France, but Germany has carried forward this system. Recent years along with social economic development progress, group litigation has caused our country academic group and attention, in judicial practice, there are also some judicial cases, but in today’s China, group litigation system in theoretical research is not enough perfect system, In the legislation still did not build on the group litigation system. This paper on the overall train of thought is:Theoretical research, comparative research, empirical research and system construction, around this one train of thought, mainly includes four parts:In the introduction, summarizes the development trend of the majority dispute, analyses of our country in transformation period social disputes characteristic, caused below on the group litigation in detail. The first part of the article analyses the basic theory of group action, from the" groups" concept limit proceed with, discussed the concept of group action, characteristics, theoretical basis and its function and value orientation; The second part for the rest of the majority dispute that the United States of America group litigation system and selecting parties of Japan and group litigation system to carry on the comparative analysis, further defined the group litigation system characteristics; The third part in the perspective of comparative law, using the latest international research data, the group action system in other countries of the theoretical research and legislative development and operation practice were background analysis and normative analysis; The fourth part from the angle of empirical law reveals China’s present construction group lawsuit system the necessity and the realistic foundation, put forward our country to build the tentative idea of system of group litigation.Group lawsuit system can be introduced into the legal system of our country, how their system’s outstanding aspects of transplantation to our current system, need to be detailed research, in-depth discussion, such ability that suits our country national condition the introduction. Any attempt, not speak in detail researches are not enough, we need thorough system research, need to look far ahead from a high plane angle, the group action of this system and our country’s existing social autonomy, and the basic mode of action in civil society, China’s construction of ruling by law and other factors combined, it will produce a very fruitful research results. Therefore, a comprehensive and systematic study of group action system can better fulfill our country entity law for the protection of the rights of civil entity, give full play to the function and the value of litigation, but also help to improve the system of civil litigation, conducive to the realization of our socialist spirit of rule of law, to safeguard the national justice and the social public interest, better the protection of social vulnerable groups legitimate rights and interests, safeguard social fairness and justice. This article is from this perspective, to gradually explore the group litigation system in China the majority dispute reference.