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在我国群体性纠纷多发的背景下,深入挖掘示范诉讼的存在价值,将其积极运用于民事诉讼领域,是当前纠纷解决的必然要求。从价值维度来衡量,示范诉讼机制的运行,应达到促使裁判一致化、提高诉讼效率的效果,并在程序进行中注重发挥法官的诉讼指挥权和公共政策的延伸功能。在将示范诉讼从学理上划分为“部分请求型”、“先决关系型”和“同类纷争型”并提炼实践中各种准“示范诉讼”形态的基础上,应当从示范诉讼的各个价值维度出发,细化、充实示范诉讼的程序规范。这一思路可以延展为两个操作层面:一是由双方当事人缔结各类示范诉讼契约,如“示范判决拘束力协议”、“停止争讼协议”、“示范诉讼当事人择定和权限的协议”等;二是由法院适度行使诉讼指挥权,依职权择定示范诉讼当事人,采取优先审理等效率策略,并对未出庭当事人的利益予以关注和保护。
Under the background of frequent mass disputes in our country, digging deeply the existent value of demonstration litigation and actively applying it to the field of civil litigation are the inevitable requirements of dispute resolution at present. Judging from the value dimension, the demonstration litigation mechanism should achieve the effect of unifying the referees and improving the efficiency of litigation. At the same time, the demonstration litigation mechanism should pay attention to giving play to the judge’s litigation power and extension of public policy. Based on the fact that the model lawsuit is divided theoretically into “partial request”, “prerequisite relationship” and “similar dispute” and to refine various forms of “model litigation” in practice, Demonstration litigation should be the value of each dimension, refinement, enrich the procedural norms of litigation. This idea can be extended to two operational levels: First, the parties concluded various types of model litigation contract, such as “model agreement binding ”, “agreement to stop the dispute ”, “model litigation parties to choose And the agreement of authority ”; secondly, the court exercised the command right of the litigation moderately, and selected the litigants according to their functions and powers to take effective strategies such as priority hearing and paid attention and protection to the interests of the parties who did not appear in court.