对民事诉讼法律关系若干问题的再思考

民事诉讼法律关系不仅是指法院与一切诉讼参与人之间，而且也是当 事人彼此之间以及当事人与其他诉讼参与人之间的诉讼权利义务关系；而区分诉讼 法律关系主体和诉讼主体概念的外延和界定其内涵，更易准确把握二者质的规定性、 把握其之于民事诉讼的不同意义。同时，树立法院与当事人在民事诉讼法律关系中 的地位平等的观念，并恰当理解和把握法院在民事诉讼法律关系中的主导地位，将对 更为合理地配置诉讼主体及其彼此之间的诉讼权利义务和更为科学地设置诉讼结构 大有裨益。

Reconsideration on Issues of Civil Procedural Legal Relation

The legal relationship in civil procedure refers to the jural relations among parties of an action, the jural relations between parties of an action and other litigant participants as well as the jural relations between courts and all the litigant participants. By distinguishing the extension and defining the intension with respect to the subject of jural relations of procedure and the subject of procedure, it will be easier to precisely master both of their nature of regulations and master their different meanings from civil action. Simultaneously, the concept of equality between courts and parties of an action in a jural relations of civil litigation is established, and the leading position of court in jural relations of civil litigation is properly understood and mastered. This will be good to more reasonable allocation of jural relations between subjects of procedure, and a more scientific structure of action.