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On the plight of our court applied a representative action system and their solutions

Author: YaoZuoLing
Tutor: ZhangWenXiang
School: Central University for Nationalities
Course: Civil Procedure Law
Keywords: Representative action Court Deficiencies in the system Perfect
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 32
Quote: 0
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Abstract


The Group Litigation is a research topic of common concern in the world today. Different from the one-to-one, a minority group action litigation form of a small number of people, more attention to have some social impact even wider public event. Conflict of interest between the many parties with the other party in order to be resolved, the purpose of litigation economy, the countries in the world to establish a litigation system of the respective groups. Loose representation, any play-\Representative Lawsuit System formed \\economically outcome of such cases, to protect the legitimate rights and interests of the parties in a timely manner, to effectively resolve disputes and conflicts, maintain the economic order and social stability, and to play a positive role. \requirements and value, and tend to lag at certain times of the social requirements. 2 in the period of social transformation, the emergence of a large number of group disputes the operation of the system of representative action brought challenges. Through nearly two decades of development, the original academic rational logic does not work effectively in the judicial practice, but even more perspective disadvantage in court run this system. Angle based on the empirical analysis on the basis of the general theory expounded representative action, through the study of comparative law and foreign system as an entry point to the court applied the realities of representative action system, in-depth analysis of the court less applicable to this The root cause of the system, in order to have a more profound understanding of the reality of the operation of the representative action system and put forward suggestions for improvement of the feasibility. Text, in addition to the introduction and conclusion, is divided into four parts, the first part of an overview of the general theory of group litigation system. The concept of mass litigation, the characteristics defined; types and characteristics of the foreign group action from the point of view of comparative law; summarizes the legal basis of our system of representative litigation; Representative Lawsuit System and the community different The evaluation was quoted. These help us to be more objective and realistic analysis and evaluation of Representative Lawsuit System. The second part discusses the representative action system in the operation of our court. This part is based on the empirical research, as a primer to the famous \The third part of the reason to reflect on the plight of the court applies representative action system in China. This is the focus of this article. Representative action system itself is defective from the various features of the current group disputes and the courts in the judicial practice obstacles in this system can not work effectively carry out a detailed study and analysis. Part IV discusses the Perfection of the court applied the concept of representative action system. This article is also focused on solving problems. This paper argues that the representative action system to solve the inherent weaknesses must be effective to improve the basic theory of the representative action system; court as a representative of the operation of the main proceedings, the improvement of its judicial environment essential to the effective functioning of this system; more effect of good play this system to resolve group disputes, should also strengthen the construction of the supporting systems.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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