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Study on Civil Group Litigation System

Author: JiaHongMei
Tutor: QinWei
School: Shandong University
Course: Civil and Commercial Law
Keywords: Group disputes Group litigation Representative action
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 106
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Abstract


With the social and economic development, a large number of social groups disputes continue to emerge. Due to the real needs, the group action has drawn increasing attention as a new type of litigation system. The Group Litigation is one for a party litigation system designed to solve the disputes of the majority. Group disputes the existence of \. Generally speaking, the more economically developed countries, the frequency of occurrence of the group disputes will be high, the greater the scale. Precisely because the The The group disputes countries facing phenomenon, countries also have their own home-grown, or the solution to the introduction of group disputes litigation system, such as the class action in the United States, the group litigation in Germany and Japan elect a party system of representative action system. Of Group Litigation - legal counsel system applicable to the status quo is not satisfactory, the main reason is because of representative action system prescribed in the Civil Procedure Law principle of too few legal provisions on the legislative level, operability is poor; in judicial practice level, the the representative action also encountered the problem of running from a so-called \In this paper, the use of comparative analysis and empirical analysis, on the basis of the type of litigation system to investigate the foreign three groups, combined with China's own national conditions and reality, drawing on several foreign civil Group Litigation legislative experience, reform and improve our groups the idea of ??the litigation system. The total is divided into the following four parts: The first part is the basic theory of mass litigation system. The first focuses on the concept of mass litigation system, features, and mass litigation system functions and to analyze the relationship of the group action and joint action and summary. The second part is on several typical groups of foreign litigation system, such as the U.S. class action system, group litigation system in Germany and Japan elect a party system was introduced and a comparative analysis of representative litigation system in China with foreign Several Group Litigation similarities and differences. The third part introduces the legal requirements of a representative action system in China, the main contents and run the status quo, to explore the relationship between the representative action system and joint action group litigation on this basis that the representative action system in China during the operation of the existing problems and insufficient. The fourth part is a number of problems for China's representative action system, some of the ideas put forward on the reform and improvement of representative action system in China. That representative action system in China should learn from the foreign legislation based on the experience of be perfect, it is recommended that the introduction of group litigation system and propose specific legislation in the scope of group action, the expansion of the substantive rights of the representative parties, announcement program perfect recommendations.

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