ADR and Settlement of Mass Claims
Edited by Christopher Hodges and Astrid Stadler
Chapter 9: The legislation and judicial practice of China’s group action
The Civil Procedure Law of the People’s Republic of China (CPL) promulgated in 1991 and revised in 2007 and 2012, established for the first time a system of representative proceedings (perceived as a group action system), which has remained in use. Article 53 of CPL provides that: If the persons comprising a party to a joint action are large in number, the party may elect representatives from among themselves to act for them in the litigation. The acts of such representatives in the litigation shall be valid for the party they represent. However, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.
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