A Comparative Study On The System Of Chineses Representative Litigation And The System Of Class Action In Thailand

With the development of social diversity,the types of disputes are also diversified.The traditional single litigation model has not been able to solve the mass disputes involving the interests of the majority.Group dispute resolution mechanism appeared in the United Kingdom,the purpose is to better solve the group dispute.The representative litigation system is generally regarded as the group dispute resolution mechanism in China,it was established in "civil procedure law" since 1991,but because the law is too simple,leading to the representative litigation applicable rate is not high.At the same time,the discretion of the litigation procedure also relies heavily on the court,the result of the case can not be recognized by the parties,the case after several trial is still not eventually closed,serious influence the stability of the society.In August 2015,Thailand established a class action system to deal with group disputes in the civil procedure code.At present,Chinese scholars focus on the study of the Western collective action and the representative action system of China,but not related to the study of the Thailand class action system.And the mainstream view is supported by the successful experience of the basis of the representative litigation to amend.On the basis of practice,Thailand has established a comprehensive system of class action,which is of great significance to the representative litigation system.This paper will compare the five aspects of Chinese representative litigation and Thailand class action,which advocates China should draw on the useful experience of Thailand,the adjustment of the plaintiff representative litigation prosecution conditions,standard acceptance procedure,legal representative of the perfect representative litigation process notification procedures,flexible use of different ways to let the parties involved in the representative lawsuit.