群体诉讼比较研究与路径选择

群体纠纷是当代各国共同面临的问题,而各国选择群体诉讼制度的设计和实践却千差万别,显示出多元化的趋势。本文着重分析了美国集团诉讼、德国团体诉讼、日本与我国台湾地区选定当事人诉讼的特点和差别,并与我国诉讼代表人制度进行了比较,指出了我国代表人制度存在的不足和原因,提出应借鉴其他国家有益经验和做法,以一种多元化的思路和举措来解决代表人诉讼制度存在的问题,应对群体性纠纷解决的实际需求。

Comparison Research on Group Lawsuit and Choice of Methods

Group issues is a problem faced by all contemporary countries,but the design and practice of group lawsuit system they choose is very different,tending to be varied.Through analysising the characters and difference among American group lawsuit,German group lawsuit,Japanese and Taiwan area's selected litigant lawsuit and comparing them with the system of selected litigant lawsuit,this article shows the weakness and causes of our country's deputy system and suggests we should use other countries' helpful experence and methods for reference,deal with the problems with varied trains of thought and methods and cope with all real requirement when treating group issues.