请求权基础思维被广泛运用于法学教育中实体法的解题,但它对于程序法的意义并未受到重视。实际上,这种方法完全可以应用于民事诉讼法领域的程序与实体交错的问题。本文指出通过具体案例的分析可以发现,在诉讼标的问题中,它有助于确定请求权基础从而识别前后诉是否同一;在证明责任问题中,它有助于确定权利形成规范与抗辩规范,从而得以恰当适用规范说。 The basic thinking of claim is widely used in solving the substantive law in law education, but its significance to procedural law has not been taken seriously. In fact, this method can be completely applied to the interlacement of procedures and entities in the field of civil procedure law. This paper points out that through the analysis of specific cases, it can be found that in the subject matter of litigation, it helps to determine the basis of the right of claim to identify whether the same before and after the suit; in the issue of burden of proof, it helps to determine the formation of norms of rights and counter-argument Be properly applied to the specification.