Research On The System Of Test Action

With the rapid development of society and technology. Group disputes occurfrequently which has become a worldwide problem. To solve this problem, many nationsare trying to find methods to settle the group dispute. Therefore, many nations have set upthe corresponding group dispute mechanisms. However, they all didn't achieve the idealresults in practice and get into trouble. The weaknesses of the system have exposed whenthe system are running. The sole group dispute mechanisms can't meet the need of thechanging judicial practice. The establishment of a diversity of group dispute has beenconsensus around the whole world. Our country is no exception. We have set up thesystem of representative litigation, but it is unused more often. This action is not adapt tocivil dispute resolution practice group needs. Setting up the corresponding group disputemechanisms is necessary.Test action has existed in the field of the system of civil litigation judicial practice ofmany nations. Due to its advantages over other's, it also exist in some country'slegislations. Meanwhile, in the judicial practice of our country, there is a similardemonstration using litigation approach to settle the group disputes.Which provide a practice basis for us to introduce the test action. But it is littleknown by our country, no mater the jury consult or the judgment. So it is necessary toconduct in-depth research model litigation. This paper is based on the previous research onthe test action to research this system deeply. In order to contribute to a little contributionto the development of this theory in our country.The paper talks about the concept of test case, and introduces its' types features andvalue and disadvantages. Then the legislation and practice of test case in other countriesare studied and compared. At last, this paper proposed the problem of delegate action, alsoanalyzed the necessity and possibility of introducing test case system. And proposed somesuggestions about how to construct our country's test case system.