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随着代表人诉讼案件的不断增多,我国民事诉讼法对代表人诉讼的规定显得过于原则,难以操作,有待于立法上的完善,以适应现代社会发展的需要.笔者从理论与实务的角度,对代表人诉讼的特征,代表人诉讼的立案、管辖、公告、代表人的选定、更换、权限,代表人诉讼的举证责任,代表人诉讼的和解、判决、上诉以及代表人诉讼的执行等问题进行了研究,提出了一些粗浅的观点.
With the increasing number of representative litigations, the provisions of the Civil Procedure Law of the People’s Republic of China on representative litigation appear to be too principled and difficult to operate, awaiting legislative improvement to meet the needs of the development of modern society. From the perspective of theory and practice, Characteristics of representative litigation, filing, jurisdiction, announcement of representative litigation, selection, replacement, authority of representative, burden of proof on representative litigation, settlement of representative litigation, judgments, appeals and execution of representative litigation The problem has been studied and some superficial opinions have been put forward.