当事人适格解决的是“当事人应当是什么”的应然问题。我国现行立法关于当事人及当事人适格的规定存在不足。现行立法规定的立案审查制度,使得进入诉讼的原告即为正当原告,从而无所谓原告适格的问题,无需再行判别其主体资格正当与否,原告与原告适格二概念并未分离;对于被告适格的判别标准,法律未有明确规定。在采取形式(程序)当事人作为当事人概念基础后,当事人与当事人适格二者便发生分离:进入诉讼的当事人为形式当事人,可能并不适格。当事人是否适格,需要法院经当事人双方对席辩论后,运用特定的判别基准加以审查判断。此特定的判别基准即当事人是否享有诉讼实施权,而诉讼实施权的构成要件应采二元论,即管理权和诉的利益。 The parties to solve the problem is “the parties should be ” should be the problem. There are deficiencies in the current Chinese legislation on the proper conditions of parties and parties involved. The system of filing censorship stipulated by the current legislation makes the plaintiff entering the lawsuit a proper plaintiff, so that it does not matter whether the plaintiff is qualified or not. There is no need to judge the qualification of the main body or not. The concepts of the plaintiff and the plaintiff are not separated. As for the defendant Criteria for judicious use, the law is not clearly defined. After taking the formal (procedural) parties as the conceptual basis of the parties, the parties and the parties are separated from each other in their aptitude: the parties entering the proceedings may not be eligible. Whether the parties are qualified or not requires the court to review the judgments of the parties after the debates are held by both parties and using certain criteria. This particular criterion is whether the parties have the right to execute the litigation, and the elements of the procedural rights should be dualistic, that is, the right to management and litigation.