Research On The System Of Demonstration Litigation

With the development of the economy,the legal system has been continuously improved,and the parties' demands for their own right protection have also increased.This has led to the continuous occurrence of various types of disputes.During this process,group disputes have shown an explosive growth trend.Typical cases concerning group disputes,such as large-scale product quality infringement cases,large-scale environmental public interest litigation cases,and medical accident damage compensation cases,have similar characteristics as follows: the illegal activities are relatively single,the case The controversial focus is roughly the same,and other group disputes.In most regions of China,when the courts solve this problem,the courts often split the case.This solution is no longer consistent with the concept of modern litigation,and even runs counter to the economic principles of litigation.Therefore,local courts have continued to explore specific judicial practices in order to reduce the pressure on courts to accept cases.Of course,the exploration and solution methods in various regions are not exactly the same,but they are all an attempt to combine our country's specific judicial reality.There are also legal provisions in China that clearly stipulate the ways to resolve collective disputes.However,due to a series of defects in this system,the application in specific practices is not ideal.In the process of continuously exploring new dispute resolution,Sanmen County Court in Taizhou City,Zhejiang Province began to explore the use of model lawsuits to resolve stakeholder group cases since 2013.In 2015,it issued the “Applications for Stakeholder Cases”.Several opinions on the pattern of lawsuits.Similarly,the Supreme Law introduced "Opinions" in 2016.Article VII of the Opinion proposes to solve the model lawsuits for solving group cases.The local courts have also successively issued relevant opinions and regulations,emphasizing the application of model lawsuits to settle case disputes.This shows that the development of model lawsuits in China has a certain practical basis and brings good social values.This article is roughly divided into four parts.The first part is the basic theory of the model lawsuit.The second part is the comparison between the model lawsuit and the related system of our country.The third part is the difference between the extraterritorial model lawsuit and the related system.The fourth part is the introduction of the model in our country.An analysis of the feasibility and necessity of the litigation and a combination of three experiences to elaborate the concrete concept of establishing a model litigation in China.