当事人适格问题的理论分析与反思--兼论我国当事人适格制度的重构

摘要

In our state, Litigant qualification in civil procedure is incomplete, which blocks the standardization of civil procedure. Between prerequisite in lawsuit and requirements of the protection of rights, Litigation qualification should belong to the latter and be viewed as one of the requirements of the protection of rights in legislation as well. We need to make specific provision accordingly.%我国当事人适格制度存在先天的粗疏与不足，阻碍了民事诉讼的规范化与系统化。在“诉讼要件”与“权利保护要件之间”，当事人适格应归属于后者，立法上亦应将当事人适格作为“权利保护要件”予以规定，并对认定基准时、认定原则、认定标准等做出具体规定。