论法定诉讼担当的理论类型

On the Theoretical Types of Statutory Undertaking

法定诉讼担当系立法者在价值衡量的基础上授予非实体权利义务归属主体以法定诉讼实施权。基于不同情形下的法定诉讼担当既存在着共通性也存在着互异性,法定诉讼担当有必要从理论上加以类型化分析,并在此基础上分别探讨其个别性机理。

The definition of Statutory Undertaking is that legislators grant the Prozessftihrungsrecht to another party who only owns some certain portion of the substantive rights or even has nothing to do with the dispute, in accordance with the principles of interest balancing. As the bases of legitimacy of statutory undertaking are not always the same in different circumstances, it is very important to study the theoretical types of Statutory Undertaking and their individual problems.