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原告资格是指当事人为获得某一纠纷的司法解决而在该司法争端中所具有的充分利益,是对原告与诉争案件之间利害关联的描述。与诉讼过程的三阶段划分相适应,原告资格可分别归属于起诉要件、诉讼要件和本案要件之中。原告资格的准确定性,关乎原告资格判断标准的具体构建,关乎原告资格判断标准与案件实体问题之间的勾连。对于原告资格的定性,美国学界与实务界曾有诉讼要件与本案要件之争,并最终将其定性为诉讼要件。我国《民事诉讼法》则将原告资格定性为起诉要件,这不可避免地导致起诉要件的高阶化设定与实体审理的前移,从而妨碍我国民事诉讼当事人诉权的行使、保护以及司法公正的实现。为此,我国应借鉴美国的做法,将原告资格定性为诉讼要件,以确保当事人诉权的行使以及司法公正的实现。
Plaintiff’s qualification refers to the full benefit of the parties in the judicial dispute in order to obtain a judicial settlement of a dispute, which is a description of the stakes between the plaintiff and the litigation case. In accordance with the three-stage division of litigation process, the qualifications of the plaintiffs can be respectively attributed to the elements of the prosecution, the elements of the litigation and the elements of the case. Accurate qualifications of the plaintiff’s qualifications relate to the concrete construction of the plaintiff’s qualification judgment standard, which relates to the connection between the plaintiff’s qualification judgment standard and the substantive issues of the case. As for the qualifications of the plaintiffs, there has been dispute between the elements of litigation and the essentials of the case in the academic and practical circles in the United States, and finally it is defined as the element of litigation. China’s “Civil Procedure Law” defines the qualification of plaintiff as the element of prosecution, which inevitably leads to the higher-order setting of the elements of prosecution and the advancement of substantive hearing, thus impeding the exercise, protection and judicial impartiality of litigants’ rights of litigation in our country achieve. To this end, our country should draw lessons from the United States, the qualifications of the plaintiffs as the elements of litigation to ensure the parties to exercise their rights and justice to achieve.