示范诉讼制度探析——兼论我国代表人诉讼制度之完善

示范诉讼制度具有其他群体性纠纷解决制度所不具备的特征和独特功能,正因如此,目前已经有许多国家和地区在民事诉讼立法中对其加以明确规定,还有些国家在实践中大量运用这一制度以解决实际问题。我国现行民事诉讼法有关群体性纠纷解决制度的规定存在明显的缺陷,结合在新形势下我国所面临的司法现实需求,为了更好的解决群体性纠纷,在我国未来的民事诉讼立法当中,在对代表人诉讼制度进行完善的同时,应当引入示范诉讼制度;同时考虑到示范诉讼自身的一些特点,在具体制度设计上,要充分考虑并注意处理好其与代表人诉讼制度的协调问题,以便更好地发挥两种制度各自的优点。

Model Action: Concurrently on Improvement of China's Representative Action

Model action, with its special features and functions that other mass-tort settlement systems lack, has been introduced by many countries and regions into their civil procedural laws and with it some other countries are settling practical problems. Since the provisions concerning class action in China’s existing civil procedural law have obvious defects, model action should be introduce into our future civil procedural law so that mass disputes may be well solved and judicial demands in the new situation be met. In consideration of the unique features of model action, the relationship and harmonization between it and representative action should be cared about so as the merits of the two can fully appreciated.