现代型诉讼中的当事人适格问题

On the issue of Qualification for the Proper Party in Modern Litigation

现代型诉讼具有当事人互换性缺失、系争利益呈现集合化或扩散化、争点呈现社会化和政治化、救济的请求方式转变等特质,对当事人适格理论提出了新的要求。对此,国外及其他地区通常以集团诉讼、选定当事人、团体诉讼三种代表性方式予以解决。鉴于这三种方式在当事人适格要件及制度功能各异或存在优劣之别,有必要就此进行比较研究,并以诉之利益为基准,完善我国当事人适格理论,构建符合国情的诉讼信托制度。

Modern litigation features the absence of parties＇interchangeability, conglomeration or diffusion of the rights in dispute, socialization and politicization of the points of dispute and changes in the way of claiming for relief. It establishes new standards in qualification for the proper parties. Thus, foreign countries and other regions normally take the three representative measures, i.e. class action, selection of parties and organization litigation, to solve this issue. Considering that the three measures are different in qualification for the proper party and system function and have their own strengths and weaknesses, it is necessary for us to conduct comparative research on them, and improve theory of qualification for the proper party in China by taking the litigation interest as criterion so as to build a litigation trust system better suited to our current national conditions.