Class action: a respond for creating a balance between primary and secondary rules in legal system

Every legal system embodies diverse, proportional and agile rules in order to insure achieving the goals of substantive rules. Disproportionality and imbalance between the mentioned rules may prevent the legal system to achieve its goals. To ensure the legal protection (in such aspects as criminal, civil and administrative law) of those, whose rights have been violated in field of environment, trade of goods, services (in cyber space or fiscal space) and etc… it is necessity to enact appropriate rules. Nowadays some legal systems allow class action and to that end incorporate proportional procedure rules whereby a person or a group or an association as an advocate – and without the need for any joining or membership thereto - may take legal action.The prime intent of this paper is to introduce this legal institute, elucidate its advantages and disadvantages and to examine the possibility of its implement in the Iranian legal system and hence the need for its legislation.