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在我国,为解决群体性纠纷,确立了代表人诉讼制度,包括人数确定的代表人诉讼和人数不确定的代表人诉讼。经过十几年的实践,代表人诉讼的立法过于原则、适用范围过窄等立法缺陷逐渐暴露出来。比如,在司法实践中,各地法院总是习惯于根据第53条和第54条规定的方式审理应当根据第55条的规定审理的案件,并且不惜削足适
In our country, in order to solve the mass dispute, the system of representative litigation has been established, including the representative lawsuit with a fixed number and the representative lawsuit with an indefinable number. After more than ten years of practice, legislative defects such as excessive principle and narrow scope of application of representative litigation are gradually exposed. In judicial practice, for example, courts everywhere are accustomed to hearing cases that should be tried under the terms of article 55 in the manner provided for in articles 53 and 54,