实践中,我国农民专业合作社及其社员合法权益遭受侵害的现象屡见不鲜,然而,我国现行《农民专业合作社法》对此却缺乏相应救济手段。《农民专业合作社法》修改时应当增加社员权的诉权保护。诉权的具体表现形式是社员直接诉讼和社员代表诉讼。社员直接诉讼旨在保护社员个人利益,社员代表诉讼则旨在保护农民专业合作社利益进而保护社员利益。本文即重点针对社员代表诉讼进行制度构建与制度完善。 In practice, there are not many violations of the legitimate rights and interests of farmer cooperatives and their members in our country. However, the current Law of Farmers’ Cooperatives in our country lacks corresponding remedies. When “Farmer Professional Cooperatives Law” is amended, the protection of litigants’ right should be increased. The specific manifestations of the right to sue are direct actions of members and litigation of members. The direct action of members is aimed at protecting the individual interests of members. The representative action of members is aimed at protecting the interests of farmers’ specialized cooperatives and protecting the interests of members. This article focuses on system construction and system improvement of litigant representative litigation.