当前在司法实践中,审判人员在诉讼中发现被告不合格,不是通知原告更换被告,而是要求原告撤诉,如原告不撤诉,法院即裁定驳回其起诉。这种做法是否符合现行民事诉讼法的立法原则,是值得商榷的。因为它涉及到对我国民诉法立法原则的理解、适用以及对当事人合法权益的保护。 At present, in judicial practice, the judicial officers found that the defendant was not qualified in the litigation. Instead of informing the plaintiff to change the defendant, the judicial practitioner demanded the plaintiff withdraw the lawsuit. If the plaintiff did not withdraw the lawsuit, the court ruled that the defendant should be dismissed. Whether this approach meets the legislative principle of the existing Civil Procedure Law is debatable. Because it involves the understanding, application and protection of the legitimate rights and interests of the litigants in our country.