On The Reconstruction Of Representative Litigation System In China

With the deepening of reform and rapid development of market economy, the links among members of our society are more extensive and closer economic relations are becoming increasingly complex, disputes have also shown a large-scale morphology and groups of features. In response to such a large scale of the group disputes, China's enactment of the Civil Code of 1991 provides for representative litigation, but judicial practice shows that the system of representative litigation did not play due to resolve group disputes, maintaining social stability The effect, especially in an uncertain number of representative action system is rarely used by the court. Reasons for this situation are many, the most important thing is our system of representative litigation, in theory, formulation of legislation and judicial practice are clarified and there are many urgent problems, so our system of representative litigation Reconstruction and improvement is imperative. This article is a study based on the above background, the aim is to improve our system of representative litigation and reconstruction to provide some reasonable suggestions to make it more effective to play to resolve the function of group disputes. This article is divided into four chapters, are as follows:The first chapter:the basic theory of representative litigation. This chapter is divided into two parts, first introduced the concept and characteristics of representative action are two basic theoretical elements, on this basis, further information on the value and function of representative action. This chapter describes the cornerstone of this article, as described later chapters lay a solid theoretical foundation.The second chapter:the foreign representative action system inspection and analysis. This chapter is divided into two parts, first separately from the legislation, judicial reform and improve other aspects of investigation and described the withdrawal as the representative of the United States system of representative litigation system, and then separately from the historical development, content and evaluation and so introduced as the representative of the United Kingdom representative action system to join the system. The two systems are the legal counsel system in other countries blueprint for the reconstruction of our system of representative litigation has important reference, particularly the withdrawal of the U.S. system of representative litigation. The third chapter:the status of our system of representative litigation. This chapter is divided into three parts, the first representative action on legislation of the analysis, further analysis on this basis, the judicial proceedings of our representative operating conditions and, finally, out of the problems of representative litigation. Three parts linked together, for the last chapter of the construction and improvement of legal counsel to provide a scientific basis, and laid a basis in reality.The forth chapter:the construction of representative litigation system and perfect. This chapter is divided into two parts, the first representative to our existing litigation system to provide specific recommendations the improvement, in fact, improve our system of representative action to join. But only improve the current system is not enough, it is difficult to meet real needs, then propose the introduction of representative action system of the United States withdraw from the recommendations of the system, analyzes the feasibility of introducing the system and the specific reference.