Studies Of Test Action System In China

Test action is named variously in different countries,such as model action or sample action.In detail,it refers that the court will process and execute judgments based on selected representative cases from the collection and analysis of similar cases.Furthermore,in case of parties' appointment or concrete court's remit,other judgments will be executed on the basis of the representative cases.Test action plays an indispensable part in dealing with massive mass disputes and in researching into representative dispute resolution.Besides,it is also served as a crucial role in settling civil dispute in a quick and effective way.At present,due to the lack of judicial resource and public requirements for improving the efficiency and economy of litigation,there is an increasing urgency to do deeper research on test action.This kind of research has timely significance which lies in making up for the deficiency of the operational limitations of present lawsuit system,satisfying the needs of the parties and maximizing the judicial resource utilization.Although our government has explored a similar approach based on drawing lessons from the test action systems of foreign countries and regions under current judicial practice,we are still at its beginning stage.There has been much debate over the execution of the system.The unformed execution procedures in judicial practice further result in blind settlement of mass dispute,which will exert influence on the settlement of such case.Thus,it is of great significance to advance the theoretical research and legislation of test action with the aim to guide and regulate our practice.This essay consists of three parts.The first part summarizes the test action system.The author firstly dissects the definition of test action followed the analysis of the distinction between test action and the other relative concepts in order to demonstrate the essence of test action.The second part introduces the test action system existing in foreign countries and regions.Aimed to form our own test action system,the author makes some surveys on the test action systems in Civil Lay System and Anglo-American Legal System.Then,The final part illustrates the detailed constitution of test action in our country.In the first place,combined with China's reality,the author analyzes the present representative action in ourcountry in order toconfirm the necessity and viability of test action in our country.On the other hand,on the basis of our exploration of test action in practice,the empirical analysis reveals the viability of introducing test action.Secondly,the author details the construction of test action in our country throughout acceptance,hearing and judgment involved in diverse procedures including application,acceptance,hearing,judgment and remedy.