当事人确定标准再构筑

Criteria to Identify a Litigant

民事诉讼法学界普遍认为,当事人概念应从程序上加以把握。以此为前提,诉讼中以谁为当事人显得尤为必要。在冒用姓名诉讼、以死者为当事人的诉讼当事人确定理论的适用,表明了各学说在具体案例中有灵活适用的必要性与现实性。对审判实务中具体情况的分析,更说明了当事人确定理论有进一步研究的价值及意义。

A view prevailing in civil procedure law circle is that the concept of litigant should be defined in proceedings, with which as a premise, it is especially essential to identify a litigant in specific lawsuit. In cases brought in other＇ s name or in the name of a deceased, the application of the theory concerning identification of a litigant has proved that varied doctrines are worth using flexibly in accordance with specific conditions. By analyzing two cases, this paper further shows that it is of value and significance to study the criteria to identify a litigant.