1. The Second Opt-out Opportunity in US Class and Its Implications for China.
- Author
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Zhang Da-hai, Xiao Jian-hong, and Luo Jian-hao
- Subjects
CLASS actions ,CIVIL procedure ,ACTIONS & defenses (Law) ,LEGAL procedure - Abstract
Since its birth in 1966, the opt-out procedure in American class action has witnessed many revisions, which mainly reflect a pursuit of such values as an informed choice and the legitimacy of procedure and do not necessarily impose a threat to the "appropriate reconciliation". When dealing with the issue of the right of claim for a small amount held by a majority of people in a mass dispute, the application of the second opt-out procedure helps turn the relationship between the "silent majority" of the group and the group as a whole from exclusive to inclusive, which brings us significant implications. Furthermore, the second opt-out opportunity reminds us of the necessity to make sure that the litigants involved in the class action should be given sufficient information when exercising their rights to make a procedural choice in order to prevent the legal procedure from being reduced to an empty form and of the necessity to solve mass disputes through reconciliations. [ABSTRACT FROM AUTHOR]
- Published
- 2009