Theory Model Of Litigation In Our Country Judicial Practice And System Building

At present,the court in the way of solving the group dispute as the representative lawsuit system,but because the system has many problems that the system has been in frozen state,rarely used in the judicial practice.There are two main approaches to solving the mass litigation in Chinese courts.One is to ignore the particularity of the mass litigation and use the general procedure to solve the mass dispute.Another is to combine the group disputes with the positive ones and focus the court's advantage to solve the mass disputes.Although the two practices differ in form,both of them are essentially the same mechanism.In court in the mass dispute resolution process for these two practices are the advantages of using demonstration lawsuit system to solve the group litigation,namely the referee selected typical case,a typical case of the judgement to the other similar lawsuits guidance so as to achieve the purpose of solving the group dispute.Although our country has demonstrative action that solving the group dispute lawsuit pattern,but the demonstrative action did not form a perfect system so the demonstration in practice often produce court court litigation apply too arbitrary problem,cause the parties entities and procedural rights violations.Analysis of problems existing in the practical demonstration of lawsuit system in our country,put forward model lawsuit system for our country the important role of the group dispute and perfect demonstration lawsuit system is the purpose of this article.The litigation mode of China's group dispute is mainly the dispute resolution mechanism and the dispute resolution mechanism of "merger and settlement".Although there are many problems in the demonstration litigation in practice concrete building demonstration action system should also be the demonstration lawsuit system comparing with other mass dispute settlement mechanism,in order to make clear demonstration action in the position of group dispute solution mechanism in our country.