The Research On The System Of Test Case

With the deepening of economic and social reform in China, and constantlyexposed to various aspects of conflicts and intensify, leading to large numbers ofgroup disputes. The face of increasingly complex group disputes, the existing systemof representative action did not achieve the desired results. In diverse group disputeresolution mechanism is to investigate and research has gradually become the generaltrend in the world today under national legislation and judicial practice of thisbackground, our theory and practitioners in recent years also for some of thealternative dispute resolution mechanism groups. Demonstration litigation has itsunique features and value, has become a hot research question theorists countries andfurther into a new path to solve the population in some countries dispute. This paperattempts to demonstrate a systematic study litigation system, first introduced theconcept of the system, characteristics, types, and related basic theory, and then thetwo legal proceedings demonstration sample inspection, investigation and then bycomparing the value of the consideration of the system, leads to the introduction ofthe necessity and feasibility demonstration litigation system. Finally, the authordemonstrates litigation system for positioning within the existing litigation system inour country, and the specific construction of the system to make some specificrecommendations shallow.In this paper, in addition to the introduction, the conclusion, is divided into fivechapters.The first chapter is an overview of the demonstration litigation system. This chapter introduces the concept and characteristics of exemplary action, theoreticalclassification, the relevant theoretical classification. By analyzing the characteristicsof the system concept and to clarify its meaning and outreach; through theintroduction of three theoretical categories to clarify the use of the field demonstrationlitigation system and clear thesis focuses on " the same type of dispute."Demonstration litigation. Subsequently, on the basis of the theory describes thedemonstration lawsuit, ruling the main demonstration expansion theory,demonstration litigation contract theory, model theory demonstration litigation, thatfurther research be ready later.The second chapter is a comparative study of litigation sample demonstration.Introduces the UK, USA, Germany, the demonstration of two legal proceedingssamples, focusing on the demonstration litigation practice in Germany the mostdeveloped system in the legislative and judicial. By comparing the extraterritoriallitigation demonstration samples drawn, director of the countries specific system toprovide a reference for our reference.The third chapter demonstrates the value of considering litigation. This chapterdiscusses the rational demonstration litigation system, the advantages anddisadvantages of objective evaluation system and to explore the value of thedemonstration extended litigation system. Through the demonstration of the depth oflitigation value considerations can introduce demonstration litigation system morerational, comprehensive view.Chapter IV will toward our vision, analyzing the introduction of the systemdemonstrates the necessity and feasibility of litigation. The introduction of the systemis reflected in the necessity, which is the value of the use of the judicial settlement ofdisputes requires mass, is to overcome the lack of representative action system needs;while feasibility is manifested in technology, culture, three aspects of judicial practice,and I pick several cases are representative of the feasibility of the introduction of thesystem aspects of in-depth analysis.The fifth chapter basis of the previous chapters, try the specific demonstration ofour litigation system build suggestions. First, the demonstration of the proceedings in the litigation system for accurate positioning system, mainly for positioning andactive relations representative action system, the relationship between positioningand other groups litigation system and to explore the selection of the demonstrationaction mode. Secondly, specific programming. Including the selection of theapplicable conditions, starting requirements, demonstration of the case, jurisdiction,and rights aspects of the registration bulletin, the effectiveness of the referee, toprotect the interests of third parties, such as the cost of litigation and appeals.