诉讼实施能力初论

On the Executive Ability of Lawsuit

诉讼实施能力是当事人获取诉讼信息、进行辩论以及有效实施其他各种诉讼行为的能力。这种能力既不同于诉讼权利能力也不同于诉讼行为能力,它具有自身的独特性,是当事人本能、体能、智能和财产能力的总和,是当事人实质性的诉讼能力。民事诉讼中客观存在着诉讼实施能力的差异,通过完善相关制度,均衡当事人之间在诉讼实施能力上的巨大差异,有利于保障当事人诉讼地位的实质平等,促进诉讼公正的实现。

The exeeutive ability of lawsuit is the ability that the litigant gains the lawsuit information, debates, and effectively implements other various lawsuit behaviors. This ability is different from the lawsuit right ability and the lawsuit action ability. It has its own unique. The executive ability of lawsuit is the sum of litigant＇s instant, physical ability, intelligence and property. It is substantive procedural ability of litigant. Differences in the executive ability of lawsuit are an objective existence in civil proceeding. It is beneficial to protecting substantive equality of the litigant＇ s lawsuit status and promoting the realization of lawsuit justice by means of improving related system and balancing the executive ability of lawsuit.