任意诉讼担当的解构与分析
Deconstruction and Analysis of Arbitrary Litigation Responsibility

传统理论认为民事诉讼当事人应当与争议案件有直接的利害关系，适格当事人原则上应是涉讼实体法律关系主体，但在某些特殊情况下，权利人的诉讼实施权基于法律规定或意思自治由他人代为行使，诉讼结果仍然由权利人本人承受，此即为诉讼担当，其中权利主体通过自己的意志授予他人诉讼实施权的为任意诉讼担当。任意诉讼担当对于解决纠纷、简化诉讼程序、提高诉讼效率颇有裨益，但这一制度的滥用也容易对当事人的合法权益和司法秩序造成冲击。本文将从任意诉讼担当的理论分类、构成要素、适当性限制(容许性)三个方面对这一制度进行解构与分析，并对其在我国司法实践中的适用作出反思。
Traditional theory holds that the parties to civil litigation should have a direct interest relationship with the disputed case, and the appropriate parties should be the subject of legal relationship in principle. However, in some special circumstances, the right holder’s litigation enforcement right is exercised on behalf of others based on legal provisions or autonomy of will, and the litigation result is still borne by the right holder himself, which is the litigation responsibility. Among them, the right subject entrusts others with the right to carry out litigation through his own will for arbitrary litigation. Arbitrary litigation is beneficial to resolving disputes, simplifying litigation procedures and improving litigation efficiency, but the abuse of this system is easy to impact the legitimate rights and interests of the parties and the judicial order. This paper will deconstruct and analyze the system from three aspects: theoretical classification, constituent elements and appropriateness restriction (admissibility), and reflect on its application in our judicial practice.