Reflection And Improvement Of Representative Litigation System In China

Class action originated in English equity in the 19th century,With the development of market economy,the intensification of production and the progress of science and technology,Its ideas and functions are constantly changing.Gradually,a new form of litigation was formed with the pur:pose of sanctioning group sexual assault and protecting dispersed interests.The group action system has broken the traditional one-to-one litigation structure,In judicial practice,the concept of rule of law that gives consideration to both fairness and efficiency is further implemented.The typical group action system in the world includes the group action system in the United States,Germany’s class action system,Japan’s system of party selection,etc.In China,the group action system first appeared in the Civil Procedure Law promulgated in 1991,which is based on the experience of the class action system of the United States and Japanese designated litigant action.With mass disputes occurring frequently in the period of social transformation,more and more attention and challenges has been paid to the representative litigation system.With the methodology of comparative analysis and practical analysis,on the basis of analyzing legislation with respect to the Chinese Representative Action and researching several typical group litigation abroad,analysis on the current situation and reasons of the less application of the system by the court.In order to have a better understanding of the representative litigation system,and give some suggestions for improvement are put forward to meet the actual needs.This paper is divided into four parts except the introduction and conclusion,the basic content is as follows:The first part based on empirical research to discuss on the court’s response strategies in the treatment of group disputes.In this part,I discuss the current operation state of representative action system in court.By introducing "Daqing Fellowship Case",,Sanlu Milk Powder Scandal" and "OFO Deposit Scandal",which has attracted a large audience of the society,to discusses the strategies,analyse the current situation and raise questions disputes:Why China’s representative litigation will be ignored and what are the causes of this dilemma?The second chapter is the core content of this article.Emphasis is laid on the unsatisfactory situation of the application and the cause of dilemma of representative litigation system in the courts of our country.Firstly,combines the background of the emergence of representative litigation system in China,it is found that there are some problems in the representative litigation system,such as hasty design,rude legislation and so on.Analyze the applicable effect of the corresponding system in specific countries and the new development and changes.Those help us evaluate the group litigation system of our country in a more objective manner,and enlighten us to reference the norms with similar functions on the basis of the existing system.The third chapter is the focus of this paper.Mainly reflects on the reasons why the representative litigation system is applied in China’s courts,by discussing the inherent characteristics of group disputes,defects in the design of representative litigation system,obstacles in the judicial application of representative litigation and social factors at the present stage in our country.Firstly combined with the background of representative litigation system,I found that there are some problems in representative litigation system,such as hasty design and crude legislation.Lack of practical proof and simplify complex problems result in the representative litigation system is difficult to play an effective role.Legislatively,the representative shall solicit the opinions of the representative when making disciplinary action against the entity.Thus causes the lawsuit procedure not to be smooth,reduces the mediation possibility Judicially,the fact that the judicial system has not been truly independent and the courts have tried cases separately weakens the application effect of representative litigation.Lastly,I put consideration and countermeasures for problems,put forward the path of perfecting the representative litigation system in our country.It should be clear that the pursuit of litigation justice,litigation economy and social benefit is the basic value function of representative lawsuit.Different handling methods should be adopted according to the different nature of disputes in terms of specific operation.I think,its ought to combine current actual and the development trend of future life,The system design must be explicit,specific and manipuility.In addition,I believe that it should be combined with the current reality and the development trend of future life.It is necessary to clarify the system design and emphasis on operability.In addition,I think it is necessary to establish a diversified dispute resolution mechanism.The division in administrative dispute settlement ought to have worked,and introducing German Group litigation in the area of consumer infringement and network order.