Concerning The Improvement Of The System Of Representative Litigation

Along with our country citizens of material civilization and spiritual civilization doublerise, group disputes more appear in people’s daily life, resolving disputes also becomes ourcountry legal system construction on the road must overcome task.2012amendment of civilprocedural law, added fifty-fifth is considered to be of public interest litigation in China a bigprogress, but as our group litigation model, representative litigation system and no legislativechanges. Theoretical circles also disappointed. But it doesn’t stop the scholars on this issue tostudy. Scholars have advocated in the face of representative action system in China defectsexist at the same time, and actively learn from other countries to the elite system, proposedthe establishment of a diverse group of dispute settlement mechanism in order to perfect therepresentative action system in china.The author in the topic at the beginning of the system of representative action generatedgreat interest, in some material found after establish diverse group of dispute solutionmechanism is to solve our country group disputes trend, but in how to build on the issue, thescholars have different views, in different at the same time there are also the same, that is notadvocated from the selected party perspective for the development of the representative actionsystem in china. As a representative lawsuit system based on the selection of the party did notbecome a plurality groups of dispute settlement mechanism in a molecule becomes authorhearts the greatest wonder, it is in this doubt, prompted the authors to find relevantinformation. In group to find information in the process of our country, the author found inthe establishment of representative litigation system at the beginning of the selection of theparty has in the understanding the misunderstanding, and the selection of the partydevelopment up to now in Japan and China’s Taiwan region have a new development. Theauthor thinks that based on the first learning, learning, learning in China in the selection of theparty ’s more difficult than learning other countries’ system is much smaller, and the selectedparty does have a representative lawsuit system needs to learn, in which motivation and writethe paper.This paper is divided into five parts, divided into abstract, introduction, main body,contents, reference, thanks, a total of24000. The text is divided into five parts, mainly: The first part mainly introduces the representative action system in China the relatedcontent, it is the emphases of the paper. Mainly includes the representative action system inChina, the legislative background of the related content, theoretical basis and positioning aswell as representative’s lawsuit system defects. On the representative action in our country thebasic content of the system undertakes combing, in favor of representative lawsuit systemoverall grasp. In this part the author adopts a general way, each of the representative actionsystem viewpoints are summarized, and the representative action system in China theoreticalfoundation are discussed, at the same time that the representative action system in China as anew lawsuit form, has the distinction from other litigation form characteristics, should not beconfusion with other system.The second part mainly introduces the United States, Germany in the settlement ofdisputes by lawsuit pattern. As the world to solve the disputes of outstanding representative,the group action and group action is conducive to the development of our representativeaction, at the same time the part and the third part is this article writing is one of the causes ofcombination.The third part introduces the current domestic scholars on the establishment of a pluralityof groups of dispute settlement mechanism in the view, view direction is consistent, but thefocus is different, and are not offered to selected litigant system of reference, this part appearsto be associated with this article are not directly related, but it and the second part are closelylinked, has become a common this article the reasons for writing author identity, because ourcountry needs to build a plurality of groups of dispute settlement mechanism, and scholarsview is learning, moral model, which give the author to write this paper much space, as a newresearch field. The author thinks learning American group action, Germany group action andlearning selected litigant system does not conflict, handled properly will conduce to ourcountry group dispute solution.The fourth part introduces the selected litigant litigation phase content, which is thefocus of this paper, is also the difficulty. Due to China’s Taiwan region selected party systemis completely transplantation in Japan, so introduce the basic content of both with and withoutdistinction, but in the later in the development process of Japan and China’s Taiwan region ofthe system are not the same improved, resulting in the development of part is writtenseparately. At the same time, in this part the author discusses the has been on the selection ofthe party in an uncertain number of group disputes misunderstanding in. As a result of the present stage of the selection of the party works are not many, the limited capacity of theauthor, in this part of the paper is very thin.The fifth part is the most important part, that the author puts forward to want to draw theselection of the party ’s cause, and in what ways the reference question.