Research On Proper Party Of Group Litigation Of Consumer

Proper handling relation between proper party of group litigation of consumer andqualification for the proper party, which set up a bridge between the entity fact and the courtproceedings, is an essential prerequisite to start legal proceedings and resolve of consumergroup’s disputes. Solution to this problem is related to exercising the party’s litigation rightsand the Court’s jurisdiction rights. Thus, it is significant to position consumer groupslitigants in theory and judicial practice correctly. At present, the scope of traditional properparty has been expanded in Germany, Japan and the United States, and the settlementmechanism of modern consumer groups litigation has been established on the theoreticalbasis of litigation take-on and litigation trusts. Some counties protect consumer’s personalinterests and public’s interest by way of legislation or case, such as group litigation systemof consumer in Germany, class action litigation system of consumer in the United States andthe selected party litigation system in Japan. At present, it is too narrow for China’s currentproper party qualification theory of consumer groups litigants both in theory and judicialpractice. There are serious drawbacks to establish the group litigation system based on thetraditional theory, it is unable to meet the demands of group and parties, and the parties cannot be protected. So it is necessary to break the traditional theory of proper party to expandthe scope of proper party qualification, and learn legislation and judicial practice on grouplitigation of consumer from foreign.The first part devotes the theory of qualification for the proper party. Firstly,connotations of proper party and qualification for the proper party is defined anddistinguished. Secondly, the traditional theory of proper party is explained for example ofGermany, Japan and the United States separately, in order to have a full understanding ofthe theory evolution of qualification for the proper party.The second part describes the rise of consumer group litigation and its impact on thetraditional theory of qualification for the proper party. Firstly, the background, concept andcharacteristics of consumer group litigation are introduced. Secondly, plight of theconsumer group litigation is analyzed, and the deficiencies of joint litigation and defects ofrepresentative proceedings are incisively dissected. Finally, impact on the traditional theoryof qualification for the proper party is deeply elaborated. The third part analyzes necessity and feasibility of amplifying the Qualification of theProper Party for consumer group litigation. For the necessity, it not only can help solve thelimitations of management theory, but also can balance the procedural safeguards anddisputes. For the feasibility, interest of action, as a theoretical basis of Proceedingsimplementation right, provide a theoretical basis for litigation take-on and litigation trusts.And the system of consumer groups litigation based on litigation take-on and litigationtrusts can contributed to solving the consumer groups dispute efficiently and fairly.The fourth part institutionally devotes amplifying the qualification of the proper party.Firstly, it takes the German and American consumer group litigation system for example,their concept and history are described, and theoretical basis, litigation premise, the scopeand effect expansion are systematically analyzed. Secondly, the Japanese electedrepresentative action is briefly analyzed.The fifth part presents amplifying the qualification of the proper party of consumergroups litigants. Firstly, the legal significance, law significance and the system selection ofamplifying the qualification of the proper party are analyzed. Secondly, theprogram-building and ideas are proposed.