群体性纠纷事件频发,而代表人诉讼制度却被各种司法解释限制了适用,实际上已被束之高阁。集团诉讼、团体诉讼制度虽然在解决群体性纠纷方面具有巨大的优越性,但是在我国“司法无力”的困境下,盲目移植必定水土不服。法之理在法内,更在法外,法律制度的构建必须考虑社会现实,示范诉讼在传统“一对一”诉讼结构下解决群体性纠纷的优势得以凸显。 Frequent group disputes, and the representative litigation system has been restricted by a variety of judicial interpretation of the application, in fact, has been shelved. Although the group litigation and the group litigation system have great advantages in resolving group disputes, under the difficult situation of our country “judicial powerlessness ”, blind transplantation must be acclimatized. The principle of law in France, but also outside the law, the construction of the legal system must take into account the social reality, demonstration litigation in the traditional “one to one ” litigation structure to resolve the advantages of mass disputes can be highlighted.