代表人诉讼制度的反思与重构

代表人诉讼制度具有其他诉讼方式难以替代的独到的公共利益实现功能。代表人诉讼分为代表人共同诉 讼和代表人集团诉讼,前者是在共同诉讼的前提和基础上发展而来,后者则突破了共同诉讼的极限,在不要求所有的人 起诉的前提下,由代表人代表集团起诉,进行集团诉讼。

Reconsideration on Representative Action System and Its Reconstruction

Representative litigation system in China, which consists of representative joint action and representative group action, possesses unique function that cannot be replaced by other means of action. The representative joint action is derived from the common joint action. And based on this, the representative group action has made a breakthrough to the limits of the joint action, that is, under the precondition that not everyone within the group has to initiate the lawsuit, it is the representative who takes the action on behalf of the group.