公民诉讼代理：立法者的艰难抉择

摘要

As to the shortage of the citizen lawsuit agent, the civil procedural law has imposed strict limits on it, which not only violates the legislative principle of seeking truth from facts and unification of law system, but also hinders the citizens' exercise of the litigation right. Admittedly, the citizen lawsuit agent needs regulation, but this kind of regulation can't be overdone and violate the spirit of rule by law.%基于对公民诉讼代理弊端的考量，2013年《民事诉讼法》对公民诉讼代理进行了严格的限制。这种限制违背了实事求是和法制统一的立法原则，阻碍了公民诉权的行使。诚然，公民诉讼代理需要规制，但这种规制不能矫枉过正、因噎废食，违背法治精神。