At the present stage,it is a feasible choice to modify the representative action with undetermined number of plaintiffs on the basis of referencing the American securities class action.

,party-chosen action in China Taiwan and representative action in China mainland are different forms of action which are designed to settle mass environmental tort dispute.

The author has,from the situation of China medium and small shareholders rights damages,analyzed the main reasons for and the situation of medium and small shareholders rights damages in Company Law and Securities Law,and compared China direct action and derivative action,individual action,joint litigation and representative action.

In the aspect of modern lawsuit,It is worth profiting from American,German and Taiwan Province of our country in this area,and there are some problems for the representative litigation system of our country to apply on the area of consumers litigation.

Now,there encounter some practical impediments in the run of China s representative litigation,which need reforming and perfecting.

According to the Chinese Civil Procedure Law,representative litigation is not group litigation in its real sense.

The decision of group dispute has been closely linked with modern function of the court;the judiciary function of the court determines the procedure effect of representative lawsuit in some extent.

Therefore it is significant to perfect representative lawsuit system of inside dealing cases, which will be favorable to representative lawsuit, confirmation of plaintiffs, lawsuit jurisdiction, confirmation of the pay amount, effect and execution of judgment etc.

To determine the suspect crime units proceeding representatives in terms of certain rules identified by crime units.