Yet, after practice for years, the function of class action lawsuit is limited in improving the management of the listed companies while the lawyers benefit a lot far more than the Small & medium shareholders.

On the basis of the comparative research of the class action of US, party alternative action of Japan and group action of Germany.

In recent years, with high speed development of economy and transforming of the society, the group dispute and group action assume the unceasing rise in our country.

The conflict between the claims of investors and the absence of a relief system urges the Chinese academic circle to do deep research on securities group action systems.

If so,no class action would exist in China for representative action in Article 55 is in “dormancy.

Although the commissarial lawsuit of civil procedure law in our country can set out a great deal of group disputes, there are still some misunderstandings on the value and the function of the group lawsuits and our traditional lawsuit models have been used to settle these disputes individually.

Group issues is a problem faced by all contemporary countries,but the design and practice of group lawsuit system they choose is very different,tending to be varied.

Therefore, it is necessary to draw on the foreign rational factors of community lawsuit system.

Community lawsuit of contemporary nations are different in aspects of concrete form, system and procedural rule.