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“诉”是罗马法上的重要概念,是罗马法诉讼程序的核心,也是现代诉权理论的起点。“诉”是一个具有多元含义的复合概念,其内涵包括诉讼程序、诉权和主观权三个方面。“诉”有两个主要来源,即市民法和裁判官法。市民法之诉是以市民法上的权利规定为前提;而裁判官法之诉不需要以市民法的权利为前提。“诉”是诉权理论的前身,诉权理论在“当事人因何可以提起诉讼”这个问题上,始终没有给出令人满意的答案。罗马法上的“诉”的理论对现代诉权理论的发展具有重要意义。
“” Is an important concept in Roman law, is the core of Roman law proceedings, but also the starting point of the modern right of action theory. “Complaint ” is a complex concept with multiple meanings. Its connotation includes three aspects: litigation procedure, litigation right and subjective right. There are two main sources of “complaint”, namely, civil law and magistrate law. The lawsuit of the civil law is based on the civil law provisions of the rights premise; and the lawsuit of the magistrate does not require the civil law rights as a precondition. “Complaint ” is the forerunner of the theory of pleading rights. The theory of pleading rights has never given a satisfactory answer to the question “why parties can sue.” The theory of “lawsuit” in Roman law is of great significance to the development of modern theory of the right of action.