The Research Of Representative Litigation System

With the rapid development of commodity economy, consumers are playing an increasingly important role in economic activity. Although China’s relevant laws and policies are still evolving,they did not change the consumer with respect to producers and operators disadvantaged situation,some operators relied on their dominance in commodities trading, development of unfair contract format providing poor quality products and services, which harm the interests of many consumers,the formation of a group disputes that the same damage consumer groups and between operators.Since 2000, Toshiba claims that shocked the world, in 2008 Sanlu milk powder case, to the public scandal last year off-axis sensational, against the interests of many consumers numerous cases,may look at more than one case, the legitimate consumer rights and interests have not been a good judicial relief, not filing difficulty is not damages. Although early in the twentieth century,our country overseas group litigation system modeled on the establishment of representative action system for group disputes provide judicial relief channels, it can be representative action system in the judicial practice, but the rate is applicable low, did not play the legislators intended function. Last year, the latest release of the "People’s Republic of China Civil Procedure Law" judicial interpretation, but also closer to the program representative lawsuit system were detailed provisions, visible through the improvement of the judiciary is still hope of representative litigation system to play its group in resolving disputes in effect. Based on the urgent need for the social life of the consumer groups dispute resolution, as well as representative lawsuit system in resolving consumer group disputes the positive sense, it decided to protect the interests of consumer groups as a starting point to study the representative action system. This paper includes four parts: The first part of the new Sagitar off-axis case for the introduction of the point, through the analysis of the case rights process, led the author Thoughts on the new Sagitar owner rights predicament; the second part to mass consumer disputes Perspective of representative action system to study, analyze legal counsel system in resolving consumer group disputes existing problems; the third part I will look to the eyes of the Group action system extraterritorial hope from the US class action system and German groups litigation find beneficial to Chinarepresentative litigation system successful experience; the fourth part first three parts of the theory and discuss practical aspects of representative action system is based, put forward a sound representative lawsuit system some of our thinking, and thus more good deal with mass consumer disputes.