略论欠缺诉讼行为能力人诉讼行为的效力

On Lawsuit Behavior's Effect of The Party Who Short of Lawsuit Capacity

欠缺诉讼能力当事人诉讼行为效力是指具有诉讼权利能力而不具有完全诉讼能力的人所实施的诉讼行为 ,因其缺乏诉讼行为主体生效要件 ,在诉讼法上产生何种法律后果。我国应当从司法公正与程序安定、诉讼效益的平衡、对当事人保护与制裁的平衡等角度出发 。

Our country legislation didn't stipulate the lawsuit behavior's effect of party short of civil action capacity, which can't avoid how to deal with it in practice. Through analyzing a case, on the basic idea of the civil action, investigating the foreign legislative example, drawing lessons from the civil substantive law regulation, writer conceives the legislative structure of lawsuit behavior's effect of party short of lawsuit capacity.