《破产法》和相关司法解释都将破产管理人在涉及债务人的诉讼中置于债务人诉讼代表人的地位。这样的制度安排最初源于《民法通则》中将法人的清算和破产视为同质性的事件的规定。将管理人作为债务人的诉讼代表人,显示出法律上认可债务人进入破产程序后的当事人能力,以及其拥有诉讼实施权的制度理念。然而这样的安排是对破产法原理,以及民事诉讼法当事人适格理论的背离。进入破产程序的债务人失去了对财产的控制,原有的决策机关被管理人替代,虽有工商登记尚存,然而其在本质上已经不是独立的法人组织。适用当事人适格理论,在相关诉讼中,应将管理人作为诉讼当事人。 Both the Bankruptcy Law and the relevant judicial interpretations put the insolvency representative in the position of the debtor representative in litigation involving the debtor. Such institutional arrangements were originally derived from the provisions of the General Principles of Civil Law that treat the liquidation and the bankruptcy of legal persons as homogeneous. Using the administrator as the debtor’s legal representative shows the legally recognized ability of the debtor to enter the bankruptcy proceedings and the institutional concept that it has the power to enforce the lawsuit. However, such an arrangement is a departure from the principle of bankruptcy and the theory of appropriateness of the parties to the civil procedure law. The debtor entering the bankruptcy procedure has lost control of the property, and the original decision-making organ has been replaced by the administrator. Although the business registration still exists, it is no longer an independent legal person organization in essence. Applicable to the theory of appropriate parties, in the relevant litigation, the manager should be the litigant.