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世界上的各个国家都对扩散性利益保护诉讼程序作了相应的规定。在构建扩散性利益保护诉讼制度时,一定要关注程序保障的相关问题。对于集团诉讼来讲,以美国为代表的退出制与以英国为代表的加入制为典型,对此项制度的研究,有助于我国扩散性利益保护诉讼制度的构建。要根据不同的情形而分别适用加入制或退出制,以发挥两种制度的优点。另外,在借鉴退出制程序时要注意适用范围,并加强对案件的监管;尤其要重视社会团体在扩散性利益保护诉讼中的作用,以求更好地解决扩散性利益保护;要注重示范诉讼的启动问题与诉讼费用。同时,要充分保障非示范诉讼当事人的知情权与异议权。
All countries in the world have made corresponding provisions on procedures for the protection of diffusive interests. In constructing the system of litigation for the protection of diffusible interests, we must pay attention to the issues related to procedural safeguards. For group litigation, the withdrawal system represented by the United States and the accession system represented by the UK are typical. The study of this system is conducive to the construction of the litigation system of the proliferation of interests in our country. According to different situations, they should apply separately for joining or withdrawing from each other in order to give play to the advantages of the two systems. In addition, we should pay attention to the scope of application when drawing on the exit procedure and strengthen the supervision over the case. In particular, we should attach importance to the role of social organizations in the litigation for the protection of diffusive interests so as to better address the protection of diffusive interests. We should pay attention to model litigation Startup issues with litigation costs. At the same time, we must fully protect the rights of non-litigant litigants and their right of objection.