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面对当前网络环境下群体性纠纷的特点及其有待解决的现实紧迫性,传统的代表人诉讼制度由于其“先天不足、后天畸形”的发展状况已无力应对此类纠纷。而被誉为“人类迄今为止发现的解决小额多数权利救济问题的最好机制”的集团诉讼因其所具有的诸多特点而引起学界的关注。本文试通过对网络环境下群体性纠纷特点的把握,以及对传统代表人诉讼制度的反思,结合对美国集团诉讼制度的考察提出建立我国集团诉讼制度的构想。
Faced with the characteristics of group disputes and the urgency of urgency to be solved under the current network environment, the traditional representative lawsuit system has been unable to cope with such disputes because of its development status of “inherent deficiencies and acquired malformations”. The group litigation, which is hailed as the “best solution to the problem of the remedy of the small majority rights” discovered by mankind so far, has attracted the attention of the academic circles due to its many characteristics. This paper attempts to grasp the characteristics of group disputes under the network environment, as well as the reflection on the traditional representative litigation system, combined with the investigation of the litigation system of the United States Group proposed the idea of establishing the group litigation system in our country.