学界与实务界就履责之诉的适当性长期未能形成根本性共识。我国的履责之诉适当性的研究是从界定行为类型入手,而这一研究进路是导致我国关于履责之诉适当性争议不休的根源。从履责之诉的适当性的研究进路入手,分析德国关于履责之诉适当性的研究思路,借鉴德国的诉讼目标模式,将是解决争议的新思路。 Academics and practitioners have long failed to form a fundamental consensus on the suitability of performing their duties. The research on suitability of the suit of performing duty in our country starts with the definition of the type of behavior, and the route of this research is the source of endless controversy over the appropriateness of our country’s action. It is a new way to solve the controversy from the research approach of the appropriateness of performing the action according to the complaint and analyzing the research ideas on the appropriateness of the action of fulfilling the responsibility in Germany and borrowing the litigation target mode of Germany.