在民事、经济审判中,“漏列当事人”往往是二审发回重审的重要原因之一。从目前各地法院推行的错案追究责任制来看,该问题已成为明显的错案表现形式之一,使广大审判人员不得不投入较大的精力,以防此类现象的出现。然而,笔者认为:在民事、经济审判中,仅存在“漏告当事人”,而不应出现“漏列当事人”。“漏列当事人”不应作为错案而进行追究。 In civil and economic trials, “missing party” is often one of the important reasons for the retrial of the second instance. From the current accountability system pursued by courts around the world, this issue has become one of the obvious manifestations of misstatement, so that the majority of judicial personnel have to devote more energy to preventing the occurrence of such phenomena. However, I think: in civil and economic trials, there is only “missing party”, and should not be “missing party.” The “omitted party” should not be investigated as a wrong case.