Research On The System Of Model Litigation

Currently,there is an increasing number of group disputes,and model litigation mode can improve litigation efficiency and save judicial resources.Model litigation refers to the process of selecting model cases from relevant cases with common factual or legal issues through consultation between the parties or the court’s authority during a majority litigation,and using model judgments as the basis for handling other parallel cases.In model litigation,the facts and legal issues of the case are common,the model case is representative,the trial of the case is individual,and the effectiveness of the model judgment is expansive.Model litigation includes contract type,authority type,and mixed type model litigation.Model litigation has value in efficiency,judicial fairness,peaceful resolution of disputes,and social public welfare.Due to the shortcomings of representative litigation in China,courts rarely apply this system to handle group disputes.In order to efficiently resolve group disputes,it is necessary to apply model litigation.Model litigation in foreign countries started early,but the provisions for model litigation in the UK and the United States were not comprehensive enough.Germany enacted a single piece of legislation,namely the “Investor Model Litigation Law”,with relatively comprehensive provisions.Later,on the basis of absorbing the experience of the investor model litigation system,model confirmation litigation was established,which united consumers to obtain compensation through model litigation.The foreign model litigation system has certain reference significance for building a model litigation system in China in terms of protecting the plaintiff’s litigation rights in parallel cases,withdrawing from the settlement,and bearing costs.In the judicial practice of our country,multiple courts have formulated normative documents related to model litigation,and at the same time,they have used model litigation models to handle group disputes,which can resolve group disputes in a timely manner.However,the content of normative documents formulated by different courts varies,and the procedural rules followed by different courts in applying model litigation models to handle specific cases are also different.Model litigation lacks unified norms and there is confusion,To apply the model litigation model nationwide and effectively resolve group disputes,unified legislation is necessary.This study proposes ideas for constructing a model litigation system in China based on the judicial practice of China,while drawing on relevant foreign systems.The model litigation in China should be initiated by the court in accordance with its authority,or by the application of the parties;The selection of model cases shall be applied for by one party,negotiated by both parties,or selected by the court according to its authority,and the selection criteria shall adhere to commonality and dominance;Refined trials should be conducted on model cases;The effectiveness of the determination of common facts and legal application in the judgment of model cases has expanded to the parties involved in parallel cases;The model litigation costs are divided into common and single issue litigation costs.Common issues are shared according to their shares,and single issues are borne by themselves;The parties involved in parallel cases should be guaranteed their right to know,participate in litigation,withdraw,and receive relief;The court should actively promote reconciliation and mediation.