Research On The System Of Test Case On The Perspective Of Group Disputes Resolution

At present, group disputes have become one of the difficult problems of our government, and group disputes often appear in newspaper. Without denying, efficiency and quality of group disputes solution, is also a test of our governments at all levels as well as the touchstone and the important assessment standard of judicial organs.Many countries in the world have gradually set up the mechanism to solve the group disputes, at the beginning of the twentieth century, the German legal practice has gradually started the test action system, and many countries went to transplant. In1991, China Civil Procedure Law established the system of representative litigation, but in judicial practice, more than20years, the representative litigation system was almost put it away, the representative case did not achieve the desired effect. Therefore, how to efficiently solve the group disputes, how to reduce or prevent the group cases, how to compensate for the optimization of the existing population of dispute resolution mechanism, how to draw lessons from the test action system, these questions are tests of governments and judicial practice and theoretical researcher.This paper mainly consists of four parts. The first part consists of the basic content of the concept, characteristics, types of test action system, theoretical basis and value. The second part mainly consists of other litigation system on the test action system and the group disputes detailed and comparative analysis. The third part mainly consists of the United States, Britain, Germany and Japan model litigation conducted research combing, to clear reality operation rules of different countries about the test action system specific provisions and judicial practice. The fourth part first analyzes the present situation of application group disputes and the status of the representative litigation system and demonstration procedure system in our judicial practice, and then expounds the necessity and feasibility of our country to construct the optimal model of the litigation system, based on this and put forward the optimization model construction of litigation system,some concrete suggestions or judicial measures in China, in order to solve the mechanism by constructing multiple disputes, overall the law, judicial practice and the social conditions and public opinion, case, do well masses work, overcome difficulties, gradually solve group disputes, and thus the judicial practice gradually having micro boost or some theory value in the community disputes. In this paper, a breakthrough probably lies in the construction of the possible optimal litigation system proposed some specific recommendations or judicial measures in China, but its rationality and feasibility still need to explore and practice.