On the Relationship between the Representative and the Represented in Representative Litigation
- 1 Procedural Law, Law School, University of International Business and Economics, Beijing, China
Abstract
In representative litigation proceedings, the relationship between the representative and the represented is a hallmark that defines different types of representative litigation, and also determines the way in which collective litigation procedure functions. The definitions of the representative as either an agent or a trustee of the represented characterize two distinct types within the relevant systems. The role and status of the representative in the litigation determine the scope of their authority and the various ways in which such authority is acquired. For a long time, the academic community has touted the existing representatives-as-agents arrangement as distinctive and innovative. However, few have questioned the potential side effects of this arrangement. As one of the tools used to resolve group disputes, representative litigation should transcend the confines of traditional individual litigation patterns to establish a system that allows for the maximization of its institutional functionality.
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