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我国1991年施行的《民事诉讼法》确定了代表人诉讼制度。但在多年的司法实践中,一方人数众多的共同诉讼案件,却多以分开立案合并审理的方法处理,没有达到代表人诉讼的立法预期。学界批评不断并寄望于在修订《民事诉讼法》时得以改进,但是2007年修订的《民事诉讼法》没有对代表人诉讼制度作任何的改动,当事人诉讼观念的进步,才是制度落实的根本动因。
China’s “Civil Procedure Law”, which was implemented in 1991, defines the system of representative litigation. However, in many years of judicial practice, a large number of common litigations on one side have been handled by methods of filing cases separately and without trial, and the legislative expectation of representative litigation has not been reached. Academic criticism constantly and hopes to be amended in the “Civil Procedure Law” to be improved, but the “Civil Procedure Law” revised in 2007 did not make any changes to the representative litigation system, litigation concept of the parties is the system to implement Fundamental motivation.