代表人诉讼之替代改革

Transformation of Representative Litigation

我国民事诉讼法规定的代表人诉讼并非是通常意义上的群体诉讼。民事审判权权威不足、当事人行使诉讼权利困难等因素制约着代表人诉讼制度机能的发挥,使其陷于休眠状态。阶段性发展是代表人诉讼制度改革的必然过程,为此,在立法和实践中有必要以试验性诉讼、共同诉讼和诉讼外方式替代现行的代表人诉讼制度。

According to the Chinese Civil Procedure Law, representative litigation is not group litigation in its real sense. Lack of authority in civil jurisdiction and difficulties for the parties involved to wield their litigious rights prevent the representative litigation system from working efficiently, h is imperative that the representative litigation system develop step by step. To do so,it is essential that lest litigation,co-litigation and alternative dispute resolutions be adopted to replace the current representative litigation practice.