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Date of Award

6-22-2011

Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type

Dissertation

Abstract

This study provides an overview of class action mechanisms in the U.S., China and Taiwan, including an analysis of the legal and court systems or other institutions involved in the implementation of class action devices. Class actions have been a prominent feature of U.S. civil procedure law. However, with the increase in collective or mass conflicts inherent in modern industrialized society, Mainland China and Taiwan have begun to deal with the pressing need for solving class disputes. Scholars have been disputing whether class action mechanisms are compatible with civil law systems. This question becomes more critical when taking into consideration the cultural, political and economic backgrounds of Mainland China and Taiwan, in the context of distinct non-democratic and democratic governmental systems...

Chair and Committee

John Owen Haley, Supervising Professor Frances H. Foster, Examining Professor Gerrit De Geest, Examining Professor

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