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中国正处在社会转型和经济全球化的时代,经济交往的复杂程度已今非昔比,我国的代表人诉讼制度正是在这样的背景之下诞生。经过多年的司法实践,在审理人数众多的诉讼时,其已展现出优于单一诉讼形式的效果,但是目前的代表人诉讼制度仍存在对发起动因及诉讼成本考虑不足、对不同的诉讼请求缺乏针对性等问题。本文建议构建复合型代表人诉讼制度,并就其提出了初步设想。
China is in an era of social transformation and economic globalization. The complexity of economic exchanges has become more and more unusual. It is against this backdrop that our country’s representative litigation system was born. After many years of judicial practice, it has shown its superiority over the single lawsuit lawsuit when hearing a large number of lawsuits. However, the current representative lawsuit system still lacks the consideration of initiating motivation and lawsuit costs and lacks of different lawsuit claims Targeted and other issues. This article proposes to construct a compound representative litigation system and put forward the tentative plan for it.