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The Second Opt-out Opportunity in US Class and Its Implications for China.

Authors :
Zhang Da-hai
Xiao Jian-hong
Luo Jian-hao
Source :
Journal of Nanjing Normal University / Nanjing Shi Da Xue Bao (She Hui Ke Xue Ban); 2009, Issue 1, p38-44, 7p
Publication Year :
2009

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]

Details

Language :
Chinese
ISSN :
10014608
Issue :
1
Database :
Supplemental Index
Journal :
Journal of Nanjing Normal University / Nanjing Shi Da Xue Bao (She Hui Ke Xue Ban)
Publication Type :
Academic Journal
Accession number :
43245630