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Civil litigation groups Dilemma and Outlet
Author: ZhangShuiHong
Tutor: JiangQiBo
School: Qingdao University
Course: Procedural Law
Keywords: Group action Representative action Demonstration Litigation System Construction
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 215
Quote: 2
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Abstract
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In recent years , along with China's rapid economic development and social transformation , group disputes and litigation groups showed a rising trend, but our Group Litigation - representative action is flawed, can not adapt to the new situation requires judicial practice , thus enabling our communities judicial settlement of disputes in trouble . To better solve the group disputes , lawsuits against representative improve the system at the same time , should be introduced demonstration litigation . Demonstration litigation system in many countries in resolving disputes groups to explore a path of existing Group Litigation supplemented with other groups dispute resolution system compared to model aspects of litigation in the program structure and operation mechanism has a unique . There are already many countries and regions in its civil legislation to be clearly defined , in practice, some countries make extensive use of this system in order to solve practical problems and achieved good results. Based on the demonstration of national litigation system to be examined , considering the legislation and judicial practice based on the experience , according to China 's actual situation, proposed to build demonstration of the guiding ideology of litigation and the specific model, and mainly from the demonstration litigation applicable conditions governing questions , announcements questions representative and typical cases , the third person's rights protection issues , demonstration cases the application of the judgment , the case of appeals and complaints issues , cases of implementation issues, cost issues and related litigation system is established other aspects of the explanation and put forward our demonstration litigation specific framework to improve our group Litigation system so that it is outside the dispute resolution proceedings with Chinese characteristics established group dispute resolution mechanism.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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