我国《民事诉讼法》第53条规定:“当事人一方或双方为二人以上,其诉讼标的是共同的或者诉讼标的是同一种类,人民法院认为可以合并审理并经当事人同意的,为共同诉讼。”诉讼标的既然是法律上的专有术语,就应有其特定的内含,并应正确的用之于司法实践。然而,在我国民事诉讼法学理论中,诉讼标的并未得到足够重视,缺乏深入、专门的研究。本文拟就诉讼标的的内涵及其在司法实践中的确定问题进行初浅的探讨。 一、诉讼标的内涵的界定 什么是诉讼标的,理论界有着不同的看法,代表性的观点主要有以下几种: 第一种观点认为:诉讼标的亦称“诉的标的”,是民事诉讼所指向的具体目标和要求,是当事人提起民事诉讼需要予以确认或保护的对象,如原告人请求法院通过判决或裁定确认其与被告之间存在的合法的收养关系或请求,是法院保护其受侵犯的民事权益。 第二种观点:诉讼标的也称“诉讼实体”,即原告请求人民法院裁判的实体权利义务关系所指向的权益或事物,如追索债权诉讼中的具体债权等。 Article 53 of China’s Civil Procedure Law stipulates: “When one or both parties are two or more, the subject matter of the litigation is common or the subject matter of the litigation is the same category, and the people’s court considers that the case can be merged and agreed by the parties and is a common lawsuit.” Since the subject of litigation is a legal term, it should have its own specific content and should be properly used in judicial practice. However, in the theory of civil procedural law in our country, the subject matter of the lawsuit has not been paid enough attention and lacks deep and specialized research. This article intends to discuss the connotation of litigation subject and its determination in judicial practice. First, the definition of the subject of litigation What is the subject of litigation, theorists have different views, the representative of the views are mainly the following: The first view that: the subject of litigation, also known as “the subject of the complaint” is the point of civil lawsuit If the plaintiff asks the court to confirm the legal adoption relationship or request between the plaintiff and the defendant through judgments or rulings, it is the court that protects the victim from being violated Civil rights and interests. The second view: the subject of litigation, also known as “litigation entity”, that is, the plaintiff requests the people’s court of the substantive rights and obligations of the referee relationship points to the interests or things, such as claims for claims in litigation and other specific.