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当事人适格,是指对于特定的诉讼,可以自己的名义成为原告或者被告。在民事诉讼中,只有在当事人适格的前提下诉讼才有实际意义。然而,我国对当事人适格,及其前提——诉讼权利能力的准据法却并没有明确规定。本文将从学术理论、司法实践、域外法制经验等角度分析当事人适格的准据法,并在前述分析的基础上得出诉讼权利能力的准据法为属人法和法院地法结合,当事人适格的准据法为具体法律关系准据法的结论。
The proper personality of a party means that for a specific litigation, the plaintiff or the defendant can become a party in his own name. In civil litigation, litigation is of practical significance only if the parties are qualified. However, there is no explicit stipulation in our country about the appropriateness of the parties and their premise - the law of the suitability of litigation rights. This article will analyze the applicable law of the parties from the perspectives of academic theory, judicial practice and extraterritorial legal system, and based on the above analysis, the law applicable to the litigant’s rights is the combination of personal law and the law of the court, The applicable law is the conclusion of the law applicable to specific legal relations.