A Comparative Study Of The Chinese And American Group Litigation Systems

In 21 century,with the acceleration of reform and opening as well as the further depth of society transformation,the group dispute happened with the form of legal action instead of petition in executive branch.This situation becomes the new challenge toward the construction of harmonious socialist society.It is an important academic subject for construction of socialist law-governing nation by which to solve group dispute with protection of civilians' legal rights.In recent years,with the daily exchange over every aspect between China and USA,it is worth for us to research the resolution of group dispute therein USA.By comparative research on group litigation procedure operated in China and USA,this article provides persuasive advice for Chinese group litigation system on legal procedure and operating process.There are three chapters in this article,major contention hereinafter: first chapter,the general introduction of group litigation,aims to identify the common and different characters of group litigation around world,then to approach the usefulness of USA group litigation.The second chapter is named as the seriatim comparison of group litigation system ruled by China and USA.This chapter compares the main process between the class action in USA and the representative litigation in China.The conclusion arose from similarities and differences of group litigation processed in two countries would instruct a possible way for the reform of representative litigation in China.In third chapter,the reformation of representative litigation,it offers valuable instructions toward representative litigation from whole formation to detail operation,on the conjunction of the representative litigation current problem in China and corresponding precedent of USA authorized courts.