Perfecting The Litigation Representative System In China

With the rapid development of economic and social，economic and social structure has undergoneearth-shaking changes，more complicated social connections between people，the conflict points and alsoon the rise and development，caused by the same or the same kind of event is increasing the interests of themajority of the group dispute，so to speak，with hundreds or thousands of，tens of thousands of theplaintiff’s litigation proceedings，in order to effectively solve the large-scale mass disputes，countries haveclear legal norms.Although our country promulgated in1991of the civil procedure law of the People’s Republic ofChina has stipulated the involving large number of "litigation representative system" to solve this problemin judicial practice，but with the development of the time，the group of complicated disputes，this systemgradually revealed its deficiencies，in the applicable in the judicial practice and did not get the ideal effect.It has become the focus of the academic circles in recent years，especially in the procedural law educationalworld，exactly is to perfect the existing legal system，or absorb foreign group litigation，controversial.Through access to a huge mass of data at home and abroad，and to conduct the thorough research tothe representative litigation system in China under the premise of I think， our country’s lawsuitrepresentative system and there is no fundamental defect of the legal system construction is a process ofcontinuous improvement，as long as to improve the existing system，fully able to properly handle varioustypes of group disputes，there is no need to completely absorb the introduction of European and Americanclass action. In view of this，this article first in the first part，from "Toshiba laptop incident" and "Toyotarecall events" two cases，by the United States and China consumer finally suffered unfair treatmentanalysis，to illustrate a set of perfect group settlement mechanism based on the important role of rightremedy for the vulnerable groups，which in turn leads to Angle in this paper，the improvement of thesystem of the litigation representative. The second part，through the analysis of the first part，further revealthe function and value of litigation representative system，the right remedy，the judicial efficiency and behavior modification as well as to the whole legal system construction and social stability has anirreplaceable role. The third part，first the representative litigation system in China were summarized，andthen analyzes the present situation of representative litigation system in China，including the representativelitigation system in China’s relevant laws and regulations and operation status，once again to our countrylitigation representative system is the cause of the failure are analyzed in practice，the main limitations dueto legislation and legal limitations. Based on discusses and analyzes the problems existing in the legalrepresentative system in China，hope to find the problem，in order to better to perfect this system. Thefourth part is some Suggestions on how to perfect legal representative system in China，must first clearfunction orientation of the litigation representative system，with the development of the society，can’t justput the position on the most significant power protection，most people of a small majority type of rightsshould be effectively protected. Secondly，to improve the system of representative litigation puts forwardsome feasibility Suggestions，including legislation judicial aspects，hopes to make up the "blank" area ofthe law，in order to fair，efficient and practical way to solve mass disputes.