受理民事消极确认之诉的理论探微及立法设想

随着人们法治意识的不断提高,民事消极确认之诉这种明显有别于传统诉讼的模式,在我国各地各类型案件中越来越多,而我国到目前还没有系统的消极确认之诉的法律规定,实践中对消极确认之诉的受理还存有争议,做法极不统一。当事人的诉讼权利平等,消极确认之诉也具有"诉的利益",因此,我国有必要受理民事消极确认之诉,消极确认之诉也理应从立法上予以规范。

The Theory and Legislation of Accepting a Civil Negative Confirmed Lawsuit

With the improvement of our people＇s awareness of the rule , more and more civil confirmed negative lawsuit that different from the traditional model of litigation appeared in all types of cases, but our country has no system of law complained the confirmed negative lawsuit, confirmed of the negative lawsuit has been disputed in practice, with different approach. Parties has equal litigation rights, confirmed negative lawsuit also has the ＂litigation interests＂. Therefore, it is necessa- ry to accept complained the negative confirmed lawsuit and it should also be regulated in legislation.