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Representative Litigation Research

Author: LiuXia
Tutor: HeNingSheng
School: Northwestern University
Course: Law
Keywords: Class action Representative action Reason Sound system
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 0
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Abstract


It’s a vital issue to prevent and solve the dispute among the masses and to provide a healthier social enviroment to China which is in transition. Every country has their own way to settle the mass disp[utes. There are similarities and differences. Generally they are based on the theory of joint lawsuit, class action or representative litigation. The distinguish system includes:class action lawsuit in America, joint lawsuit in German, representative litigation in Jappanand our country.Compared with the typical individual lawsuit, the representative litigation in our country is superior and difficult to replace. It should become very effeciency and contribute more benefits to the procedural system of litigation. Unfortunately, it always stays in a state of domancy. Under this circumstances, this article based on the studying and experience drew from other countries’system and methods, try to study and analyze why it can’t be put into effect.The following are the three parts with which this article deals:The first part is concerned with the defination of the joint lawsuit, clarified it’s character, analized it’s function and value embodied in promoting the economic of the litigation, protecting the unity of the law applying, safeguarding the channel for people to approach the jurisdiction, and preventing tortious acts. The second part is concerned with the comparison of different countreies’joint lawsuit system, mainly America, German, and Jappan. From the defination, characotristic, and the condition to put it into effect to explain. This article also analized the similarities and differences in different countries’system and try to make some comments in order to draw some experiences for our country. The third part, from the concret evidence’s point of view, to elabrate the classification and character of the mass tort litigation in our country, to analyze the reason of it’s restriction to put into effect. Based on these material, the author then gave advice on how to improve the joint lawsuit system in our country.

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