诉讼标的理论在大陆法系发生过激烈的争论,旧实体法学说、诉讼法学说、新实体法学说和诉讼标的相对论都有其支持者。旧实体法学说因其强大的生命力赢得了通说的统治地位。但旧实体法学说的缺陷就是有违一次解决纷争的要求。此时法官就法律关系做适度的阐明,便疏解了旧诉讼标的理论的缺失。 The subject of litigation has been heatedly debated in the continental law system. Both the old substantive law theory, the law of litigation theory, the new substantive law theory and the litigation relativity theory have their supporters. The old theory of substantive law has won its dominance by its very strong vitality. However, the defect of the old substantive law theory is that it violates the requirement of resolving the dispute once. At this moment, the judge made a proper explanation on the legal relationship, which solved the lack of the old theory of litigation.