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On the Improvement of the Group Litigation of China

Author: ChenPengFei
Tutor: TangYongZhong
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Group action Representative action Group litigation Verbandsklage Public interest
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 61
Quote: 0
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Abstract


With the development of the social economy growing , due to the quality of products, false advertising , and environmental pollution caused by violation of a number of parties , group disputes . For this group disputes the traditional litigation model has been unable to solve . In order to be able to resolve this conflict of interest between the groups , to achieve the purpose of litigation economy , most countries set up a Group Litigation , and different form with the title , such as the U.S. class action system , the selected party litigation system in Japan German group litigation system and our system of representative action . Representative action system in our country due to regulations too principled , operability is not strong , coupled with a running problem also encountered in judicial practice , the use rate is very low , is suspected of a waste of judicial resources . This article from the comparative analysis method and empirical analysis of the typical group action system analysis , combined with our litigation system and judicial practice , some improve our system of representative action recommendations . The paper first discusses the the Group Litigation concept with characteristics , a review of the historical development of the group litigation system in some countries , the simultaneous analysis of the basic functions of a group action to establish a Group Litigation ; followed by a comparative study of the national group litigation system , to explore set characteristics and laws in order to improve the I had a representative action system to provide inspiration . Again , the analysis of the operational status of the system of representative action , the actual operating conditions of the system , from the provisions of the current law on representative action to identify the existing problems of the Representative Lawsuit System and analysis of its causes ; Finally, based on the analysis of the problems representative Lawsuit System is given to improve some of the recommendations of the representative Lawsuit System .

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