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当事人理论是民事诉讼中要研究的基本理论,是构成民事诉讼基本结构的基础。长期以来,我国在司法实践中由于受到传统民事诉讼当事人概念的影响,使得当事人的主体地位没有得到应有的确立,致使法院在受理案件时,造成许多纷争无法立案,当事人的诉权得不到保护。本文将就实质当事人与形式当事人做概念比较,分析其利弊,并对正当当事人概念的引入做简要的介绍。
The theory of parties is the basic theory to be studied in civil litigation and the basis of the basic structure of civil litigation. For a long time, due to the influence of the concept of the parties in the traditional civil litigation in our judicial practice, the dominant position of the parties has not been properly established. As a result, many cases of disputes can not be filed and the litigation rights of the parties can not be protected. . This article will compare the substantive parties with the formal parties, analyze their advantages and disadvantages, and introduce the concept of the legitimate parties briefly.