摘要
诉的利益又称权利保护利益或权利保护必要,是指原告要求法院就其私权主张予以裁判时所必须具备之必要性,狭义的诉的利益即“原告就该请求有为判决的必要”应该成为当事人适格的基础。这种诉的利益在诉讼中既有消极功能又有积极功能。
Interest of action is an extremely important concept in the theory of civil action in continental law family. It is the premise of bringing a substantial judgment. Interest of action has not only active functions but also inactive functions. To determine what is interest of action, we must think about all kinds of aspects that maybe have effects on the scope of civil jurisdiction.
关键词
诉的利益
当事人适格
现代型诉讼
interest of action
justification of parties
modem action
