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纵观世界各国的群体诉讼机制,其中,备受关注和好评的非美国的集团诉讼莫属了,其无论在立法上还是在司法实践中,都是发展较为成熟和完善的,我国近些年来也有不少学者对其进行研究和探讨,试图加以借鉴和引用,从而服务于我国的司法实践。本文试通过对美国集团诉讼的探讨,结合我国的司法实践提出完善我国代表人诉讼制度的建议。
Looking at the group litigation mechanisms in various countries in the world, the non-U.S. group litigation, which has drawn much attention and praise, is a mature and perfect one both in legislation and in judicial practice. In recent years, There are also many scholars to study and discuss them, trying to learn from them and use them to serve our country’s judicial practice. This article tries to put forward suggestions on how to perfect the representative litigation system in our country through the discussion of the litigation of the U.S. corporations and the judicial practice in our country.