尽管对个体工商户在一般民事诉讼和劳动争议中的不同诉讼主体资格已有明确规定,然而仍有探寻为何不同的必要。法律关系是法律主体发动的,要清晰认识个体工商户在诉讼中的不同主体资格,源于对劳动法“用人单位”及其须承担公法与私法责任的理解上。最高人民法院在《劳动争议司法解释的理解与适用》中认为,“基于与个 Although individual business operators have clearly defined the qualifications of different litigants in general civil litigation and labor disputes, there is still a need to find out why they are different. The legal relationship is initiated by the legal subject. It is necessary to clearly understand the different qualification of individual industrial and commercial households in the litigation from the understanding of the Labor Law ”Employer “ and its responsibility to bear the public and private law. The Supreme People's Court held in the ”Understanding and Application of Judicial Interpretations of Labor Disputes“ that ”