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当事人概念经历了利害关系当事人说、权利保护说、双重适格说和程序当事人说等演化过程,当事人程序上的主体资格逐渐从实体上的主体资格中独立出来,成为独立的程序当事人。当事人概念经过不断地探讨,已经越来越成为纯粹的程序法概念。虽然诉讼当事人的确立不以实体法律关系主体与诉讼的关联性为成立要件,但诉讼中当事人如果与实体法律关系无任何牵连,那么这个诉讼将毫无意义,由此有必要重新界定当事人概念,承认正当当事人,并合理建构当事人与正当当事人的关系。
The concept of the parties has gone through the evolutionary process of the interested parties, the rights protection, the dual aptitude theory and the procedural parties, and the procedural subject qualifications of the parties are gradually separated from the substantive subject qualifications and become independent procedure parties. After continuous discussion of the concept of parties, has become more and more pure procedural law concept. Although the litigant’s establishment is not based on the connection between the substantive legal relationship subject and the lawsuit, the litigation will be meaningless if the litigant does not implicate the legal relationship with the entity. Therefore, it is necessary to redefine the concept of the litigant, Recognize the legitimate parties, and reasonably construct the relationship between the parties and the legitimate parties.