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集团诉讼原本是为了保障经济上处于弱势的公民的利益而设立的制度,在美国,实行集团诉讼可以取得律师与受害方当事人双赢的结果——既可以让小额诉讼当事人积极地提起诉讼,避免讼累,维护广大消费者的权利,又可以使律师通过诉讼获得巨大的经济效益。集团诉讼现在已成为律师业的一项最富刺激的业务,是一个如同挖“金矿”的业务。然而在采访中记者发现,中国律师却认为集团诉讼是“一条死胡同”。为何一项保障弱者寻求司法救济的“好制度”会在中国步履蹒跚呢?就此问题,《法律与生活》杂志与一些做集团诉讼的律师以及研究集团诉讼的学者进行了一场对话。
Group litigation was originally a system established to protect the interests of economically disadvantaged citizens. In the United States, the implementation of corporate litigation can bring about the win-win result between lawyers and the victim parties - not only can the litigant litigant actively prosecute and avoid Litigation, safeguard the rights of consumers, but also enable lawyers to get huge economic benefits through litigation. Group litigation has now become one of the most exciting business lawyers, is a digging “gold mine” business. However, during the interview, reporters found that Chinese lawyers considered group litigation as “a dead end”. Why does a “good system” that protects the weak from seeking legal remedies will falter in China? In this connection, Law and Life conducted a dialogue with lawyers who litigate group actions and scholars who study group litigation.