| 英文摘要 |
Having connection with quality of party, representative action is of great importance in procedure law. In Taiwan, some scholars suggest that the recognition of representative action should be more extensive, for they believe that dispute resolution function should be intensified by broadening the subjective scope of the validity of judgments. However, the more easily we recognize representative action, the more possible it affects the substantive and procedural rights of the holder of the substantial right. This article further categorizes the management and disposition rights of the substantial right holder into procedural management rights and procedural disposition rights, and the associated litigation implementation rights into procedural opening rights and litigation conduct rights. According to this category, the representative action may have different degrees of interference with the litigation implementation rights of the substantial right holder according to the type of events, which eventually can balance the substantial right and procedural protection of the substantial right holder. |
