On The Chinese Representative Action System

The current mass production, mass consumption has become the trend of social development,transformation and development and social economy, the group dispute intensified, resulting in adverseeffect on social harmony and economic development, in the face of this new class, collective, social groupdisputes increase, even if the new law aimed at increasing public interest group dispute resolution, but forthe majority of small and not related to the social public interest group dispute, still only through therepresentative litigation to solve, and there preventative action system from the last century ninety’s beganto be attention, there have been scholars from theory or practice, put forward a sound proposal. In thispaper, through the analysis of the representative action system is similar with foreign systems, highlightingthe basis of expounding China’s representative action system in legislation and judicial practice in theory,borrowing the excellent results, in order to put forward some constructive opinions and gradually improvethe system of representative litigation.This paper is divided into four parts; the main contents are as follows:The first part is introduction of the representative litigation. This part aims at the concept,characteristic and function of the representative action research, in-depth understanding of the connotationof representative litigation system and the original intention of legislation, perfecting the system ofrepresentative litigation with the legislative intent.The second part is the representative action in China with similar foreign system. This part of Americaopt out class action, German group lawsuit system, Sweden and Japan joined the business group litigationrepresentative selected system analysis, the selection of the special provisions of this thesis, so as toprovide reference for improvement of the method of representative action system.The third part is the status of the representative litigation system. This part through legislation first,respectively from the law expression, scope of application, representative rights and hierarchy analysis offour representative system is reason; again through the judicial status, from the system flexibility andmaneuverability, the incentive mechanism and the jurisdiction three aspects found inadequate, and the useof the the system is also subject to political influence of certain. The fourth part is the suggestions in the legislative and judicial aspects of the representative actionsystem in our country. This part is the three part of a comprehensive analysis of the developmentdirection, combined with our group disputes settlement, at the legislative level, and put forward atentative view of uncertain number representative lawsuit between application program and added optout process, and according to the different requirements of different application system of authorization,different sentence expansion etc. in judicial practice, suggestions; to maintain the independence of thejudiciary, expense son establishing scientific assessment mechanism and procedure; in addition, establishand strictly limit the group action and public action can also share the representative litigation system tosolve the group dispute pressure.In the treatment of group disputes, the representative litigation system is still a key, important system,improve the system and give full play to its role in promoting social order and promote social harmonyhas very important significance.