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诉讼标的理论是民事诉讼基础理论之一,一直以来都是理论界争论的焦点问题。而从民事诉讼基础理论的发展历程观察,存在着实体法观点与诉讼法观点的对立,大陆法系观点与英美法系观点的对立,诉讼标的理论与诉讼实践的脱节等问题。诉讼法理论研究应当着眼于实体法与诉讼法的内在联系,注意诉讼法基础理论体系的整体性、协调性。
Litigation subject theory is one of the basic theory of civil litigation, which has always been the focus of debate in theorists. However, from the perspective of the development of the basic theory of civil procedure, there exist such problems as the contradiction between the substantive law and the procedural law, the contradiction between the civil law point of view and the common law point of view, and the disconnection between the subject matter lawsuit and the litigation practice. The study of procedural law theory should focus on the internal relations between substantive law and procedural law and pay attention to the integrity and coordination of the basic theoretical system of procedural law.