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诉讼行为能力是民事诉讼中的重要概念,既是起诉要件,又是诉讼要件,但我国民事诉讼法中并没明确具体的规定,司法实践中也同民事行为能力混同。欠缺诉讼行为能力,可以由当事人提出主张或抗辩,也可以由法院主动审查,并分别作出裁定不予受理、驳回起诉、中止诉讼等处理方式。后续立法中,应加强对相关制度的完善。
Litigation ability is an important concept in civil litigation. It is both a requirement of litigation and a requirement of lawsuit. However, there is no clear and specific stipulation in the Civil Procedure Law of our country, and it is also confused with civil capacity in judicial practice. Lack of legal capacity for litigation, the parties can claim or defense, the court can also be the initiative to review and make decisions were rejected, dismissed prosecution, litigation and other treatment. In the follow-up legislation, the perfection of relevant systems should be strengthened.