论我国示范诉讼制度的构建.pdfVIP

一、英国的示范诉讼制度·································································20 二、美国的示范诉讼制度·································································21 三、德国的示范诉讼制度·································································22 四、评述······················································································25 第三章 我国群体性纠纷解决机制的困境及对策 ······································27 一、我国代表人诉讼制度的发展及困境···············································27 （一）目前群体性纠纷在我国存在的现状·········································27 （二）我国代表人诉讼制度的发展历程············································27 （三）代表人诉讼制度评价···························································28 （四）我国法院处理群体纠纷的司法政策·········································30 （五）我国司法政策的评价···························································31 二、我国建立示范诉讼的必要性与可行性············································32 （一）我国建立示范诉讼的必要性··················································32 （二）我国建立示范诉讼的可行性··················································33 第四章 我国示范诉讼制度的构建·························································35 一、示范诉讼的启动·······································································35 二、示范诉讼的公告·······································································36 三、示范诉讼案件的模式选择···························································37 四、示范案件典型性与代表性的判断··················································38 五、案件的审理·············································································39 六、判决的效力和既判力的扩张························································40 七、示范诉讼未参诉相关利益人的权益保障问题 ··································41 中外文参考文献···············································································43 攻硕期间发表的科研成果：································································45 后 记·····························································································46 摘