On The Improvement Of China's Representative Litigation System From The Perspective Of American Group Litigation

In 1991,based on the reference to the dispute lawsuit system between the United States and Japan,China created a set of our own group dispute resolution-representative litigation based on our own judicial practice.However,in the past 30 years,there has been no breakthrough in the development of the representative litigation system in China.In legislation,the legislative provisions of 1991 have been used,and the judicial trend has shown a tendency to neglect or even limit the application of the representative litigation system.The number of representative litigations has been activated by some courts in practice,but the number of representative litigants is difficult to find in judicial practice.On the other hand,the US group litigation that has been borrowed is gaining momentum,solving a large number of cases of human rights,mass infringement,and small majority damage in the United States,and promoting the transformation and development of American society.China is in the stage of social transformation,various reforms are constantly advancing,group contradictions are increasing,and an urgent group dispute resolution system is urgently needed.The author's position is to learn from the advantages of American group litigation and reconstruct the representative litigation system of our country..This paper is divided into five parts.The first part introduces the basic principles of representative litigation and US group litigation.The second part introduces the evolution,characteristics and effects of judicial practice in the US group litigation.The third part introduces the evolution of the representative litigation system of our country and the problems existing in the system.The fourth part analyzes the similarities and differences between the representative litigation system of China and the litigation system of the American group from a comparative perspective,and draws inspirations.It is believed that the problem of the representative litigation system in our country lies in the inaccurate system,the imperfect system,and no support.The incentive mechanism was ignored by the judicial policy.Based on this understanding,the author believes that,first,to clearly classify the representative litigation system,to accurately locate the nature of the representative litigation;second,we should further refine the representative litigation system and improve the institutional rules;third,Drawing on the success of the US group litigation,the punitive damages system and the winning reward system are cited in the representative litigation system in China,thus providing incentives for the initiation of the group litigation.Fourth,adjusting the judicial policy of the cold representative case and supporting The development of representative litigation.The fifth part,summary.Looking forward to the representative litigation system of our country,we hope that the representative litigation system of our country can be developed and play a positive role in solving the group disputes in our country.