Research On The Representative Litigation System In Civil Litigation

The representative litigation system is a litigation system specially used to resolve group disputes.It makes up for the deficiency of civil litigation in solving group disputes.The theory of litigation efficiency,the theory of right remedy and the theory of the uniformity of application of law are the legal basis for the construction of representative litigation system.the operating effect of this system in practice is far from the expectation at the beginning of legislation,the rate of application is very low,its function is limited,and it cannot meet the practical needs of solving group disputes.The main problems of the representative litigation system lie in the following five aspects: the unclear regional jurisdiction,the imperfect selection rules of the representative,the unclear litigation expenses and the lack of incentive system for the representative,the excessively strict registration procedure for the obligee and the insufficient protection of the rights of the representative and the represented.In order to effectively implement the representative litigation system in judicial practice,we should improve the system.It is necessary to clarify the regional jurisdiction of representative litigation.In representative litigation with a certain number of people,the case in which one party with a large number of litigants who are concentrated in an administrative region is under the jurisdiction of the court where the plaintiff is located.In other cases,representative litigation is under the jurisdiction of the court where the defendant is located.In order to clarify the issues related to litigation expenses,the general rules of litigation expenses system still apply to the standard and principle of the burden of litigation expenses when one party with a large number of litigants wins a lawsuit.It is necessary to make provisions on the amount and subject of advance payment of case fee,the subject of advance payment of other litigation costs and the bearing of litigation costs when one party with a large number of litigants loses the lawsuit,and the bearing of expenses related to litigation activities by litigation representatives.It is necessary to establish an incentive system for litigation representatives.When the litigation representative wins the lawsuit,the litigation representative has priority in obtaining compensation and a certain reward.It is necessary to set up the registration procedure of the obligee loosely,adopt the "exit system" mode in the cases involving the right to life and health,and adopt the "join system" mode in other cases.In addition,we should also improve the selection rules of litigation representatives and pay attention to the protection of the rights of litigation representatives and the represented.