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我国代表人诉讼制度现状集体诉讼制度起源于英国的衡平法,在我国称之为代表人诉讼制度。《中华人民共和国民事诉讼法》(以下简称《民事诉讼法》)2012年修正版第五十三条规定:当事人一方人数众多的共同诉讼,可以由当事人推选代表人进行诉讼。代表人的诉讼行为对其所代表的当事人发生效力,但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求,进行和解,必须经被代表的当事人同意。自1991年起实施至今,适用该条法律并胜诉的
The Status Quo of Our Country’s Litigation System The class litigation system originates from the British Equal Law, which is called the representative litigation system in our country. Article 53 of the 2012 Revision of the Civil Procedure Law of the People’s Republic of China (hereinafter referred to as the “Code of Civil Procedure”) stipulates that a large number of common litigations on one party may be litigated by the party selected by the party concerned. The action of the representative shall have effect on the party represented by the representative. However, if the representative changes, renounces the claim or admits the claim of the other party, reconciliation must be approved by the represented party. Since its inception in 1991, the law has been applied and prevailed