国内外民事诉讼法学界对诉讼标的理论进行了诸多讨论,但是迄今为止并没有产生令人满意的成果。本文通过考察以往的诉讼标的理论和离婚之诉的特殊之处,提出选择二分肢说作为离婚诉讼以及形成之诉诉讼标的确认和识别的标准。 Civil and civil law jurisprudence at home and abroad have discussed the subject of litigation objectively, but so far they have not produced satisfactory results. By examining the subject of the previous litigation and the special features of the lawsuit of divorce, this paper puts forward the criteria of choosing the dichotomy as the identification and identification of divorce lawsuit and litigation lawsuit.