Research On The Representative Litigation System Of Our Country

The Representative Lawsuit System was created by China in order to solve the problem that many persons while insufficient space. This system makes up the shortfall of the traditional single action and joint action in solving new types of group litigation. However, there are many problems in the application of the Representative Lawsuit System, which does not correspond to the original of this system. The Representative Lawsuit System has not been widely applied in the practice and its function is limited, so this system cannot satisfy the reality needs. Investigate the root reason, the author find that the Representative Lawsuit System has a lot of problems in legislative. This problems embodiment in the applicable scope is too narrow, rights restricted, the registration procedure strictly, the lack of incentives, the appeal, jurisdiction, burden of proof. In order to make this system play their legal effect and social effect, we should reform and perfect the system. In this paper, based on the legislation of Representative Lawsuit System and the principle of efficiency and justice, analysis amounts of group disputes in reality, through the comparison of group litigation legislation at home and abroad, in order to explore the reform path of representative lawsuit system.The paper besides introduction and conclusion mainly includes four parts:The first part is the connotation and function of Representative Lawsuit System. Base on the connotation of Representative Lawsuit, the author puts forward the Representative Lawsuit System's function which in improving the efficiency of lawsuit, unified the applicable law, balancing power between the parties, providing the close way to the judicial.The second part is Representative Lawsuit System analysis of the current situation and existing problems. Combined with Chinese law system analyze the defects and deficiencies of the legislation of Representative Lawsuit System.The third part is the present situation and evaluation of the overseas group litigation system. This part mainly discusses the America's Class Action System, Organization Action in Germany and Japan's Deputy Action System, then the author analysis the good experience of overseas legislation.The fourth part is the idea of improving the Representative Lawsuit System. This part is based on analysis of the problems of Representative Lawsuit System and some beneficial experiences in other countries, author put forward some countermeasures, respectively from expanding the scope of the representative lawsuit; Enriching rights of disposition; Easing announcements and rights registration procedure; Establishing incentive mechanism of representative lawsuit and clearing the provisions of other relevant procedure in Representative Lawsuit System to explore the perfect specific path of our Representative Lawsuit System.