我国民事诉讼理论目前以“二元论”作为通说 ,由于在实践中存在着一些误区 ,如把诉权视为审判权的产物、无视当事人的主体地位等 ,造成一些侵犯当事人诉权的现象。这需要从理论上对诉权做出准确定性 ,建立起诉权人权化的思想 ,真正重视当事人及其诉权 ,从而实现从法官公正到法律制度的公正 At present, the theory of civil procedure in our country refers to “dualism” as a result of some misunderstandings in practice, such as treating the right of action as the product of judicial power and disregarding the dominant position of the litigant, which infringes on the right of litigants. This needs to theoretically determine the right of action accurately, establish the idea of ​​human rights of litigation, and attach importance to the litigants and their litigious rights so as to realize the fairness from the judge to the legal system