诉的利益在我国民事诉讼立法上没有明确规定,司法实务中也缺少相关具体的制度建构,导致诉的利益可操作性较差,没有发挥其应有的理论价值与制度优势。从诉的利益之查明及裁判的角度,探索建立诉的利益相关具体制度,可以推动我国诉的利益理论的制度化与实践化。一方面,我国应当基于协同主义建构诉的利益查明制度,另一方面,在诉的利益之裁判上,应当区别不同情形确定诉的利益与本案请求的裁判顺序,裁判形式应当以“裁定为主,判决为辅”。 The interests of litigation in China’s civil litigation legislation is not clearly defined, the judicial practice is also the lack of specific system construction, leading to the appeal of the maneuverability is poor, did not play its due theoretical value and institutional advantages. From the perspective of ascertaining the interests of litigation and refereeing, exploring the specific system of interest-related establishment of litigation can promote the institutionalization and practicalization of the theory of interest in our litigation. On the one hand, our country should establish the interest discovery system based on the constructive action of synergy. On the other hand, the judgment of interest of the litigation should be distinguished from the interests of the different cases and the order of referee in this case. Based, the judgment supplemented ".