摘要： 实证调查表明，代表人诉讼制度不是法院处理群体纠纷案件的唯一方式。当事人人数多少及其相互关系、案件类型、审判成本、外部压力等都是影响法院处理群体纠纷方式的因素。代表人诉讼制度设计存在明显缺陷，导致这个在理论上和立法上被赋予高度期待的制度在实际运作中遭遇重重障碍，群体纠纷案件处理结果成为多方力量博弈的产物。该制度的缺陷提醒我们：法治建设过程中不能抛开国外法律制度产生的特定历史背景、文化基础和制度环境，简单化理解，甚至曲解他国立法，“为我所用”式地盲目借鉴。

关键词: 代表人诉讼制度, 群体诉讼, 司法的边界

Abstract: Empirical investigation shows that the representative litigation is not the only way which the court uses to deal withgroup dispute cases. The factors that affect the court deal with the group dispute cases include the number of parties andtheir relationship, the types of cases, the cost of the trial, the external pressure. There are obvious design flaws in repre-sentative litigation system, which led to many obstacles to the actual operation of the system, although people have beengranted a high expectation on Legislative and theory. In fact, the results of the group disputes cases often become a prod-uct of multi-power game. The shortcomings of the system remind us that in the construction of rule of law we cannot aban-don the specific historical perspective, cultural and institutional foundation for the environment of the overseas legalregime; neither make it oversimplification nor learn it for the use of us.

Key words: Representative Litigation, Group Litigation, the Border of Justice