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“如果有充分的理由怀疑社会主体,以或将以损害法律的行式来侵害多数人的利益时,那样任何一位受到伤害或将要损害的人,都可以将这种事使法院受到注意,”①如果在我国对一些将要继发侵权提起诉讼法院将不受理或驳回。因为我国《民事诉诉法》第108条规定可看出只有享有民事实体权利且权益遭到实际损害主体才能成为民事诉讼的当事人。显然我国缩小了民事案件受理范围,为了我国民诉与国际接轨扩大民事诉权是必要的。下面将以社会契约论为理论基础并以预期违约责任来论述民事诉权扩大的必要性。
“Anybody who is harmed or to be harmed can bring such a thing to the attention of the court if there is good reason to suspect that the subject of society is or will be to the detriment of the interests of the majority by means of damaging the law , ”① If the courts in China will sue some secondary infringements, they will not be accepted or rejected. Because China’s “Civil Procedure Law” Article 108 provides that we can see that only by enjoying the rights of civil entities and the actual damage to the subject can become a party to civil litigation. It is clear that our country has narrowed the scope of the acceptance of civil cases and that it is necessary for our civil litigation to expand civil litigation with international standards. The following will be the social contract theory as the theoretical basis and the expected liability for breach of contract to discuss the necessity of expanding civil litigation.