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现代型诉讼的考察与界定一、现代型诉讼也称公共性诉讼、结构性改革诉讼。在我国,对现代型诉讼的研究甚少,一些论著认为现代型诉讼就是带有现代社会特征的民事诉讼,如环境诉讼、消费者权益诉讼、医疗事故诉讼等等。但实际上,仅仅把现代型诉讼归结为人类物质文明的“现代化”未免过于片面化、直观化。因为即使在创设传统民事诉讼的近代,也存在着环境污染、小范围医疗事故等问题。只是由于人们权利意识的不自觉,才导致诉讼制度的欠缺和不完善。因此,要探究现代型诉讼的确切含义,就必须考察其与传统型诉讼的区别。
Investigation and definition of modern lawsuit First, the modern lawsuit, also known as public litigation, structural reform litigation. In our country, there are few researches on modern lawsuit. Some of them hold that modern lawsuit is civil lawsuit with modern society, such as environmental lawsuit, consumer rights lawsuit, medical malpractice lawsuit and so on. In fact, however, the “modernization” of simply classifying modern litigation as a material civilization of human beings is not too general and intuitive. Because even in the modern creation of traditional civil litigation, there are also environmental pollution, small-scale medical accidents and other issues. It is only because of the unconsciousness of people’s awareness of rights that they lead to the lack of and imperfect litigation system. Therefore, in order to explore the exact meaning of modern lawsuit, we must investigate the difference between it and traditional lawsuit.