敏感案件是影响社会稳定的诉讼事件,通常是个案敏感化后的结果。文章认为广西海上“彭宇案”的适格争议是事实上的不适格,但更大问题是,个案不适格却被判定适格,这是个案敏感化的重要原因。解决适格问题,是为阻止个案敏感化,关键在治理法官的错漏观念——漏讼,这需要有恰当的观念与行动并举。 Sensitive cases are litigations that affect social stability and are usually the result of case sensitivity. The article holds that the proper dispute over the “Peng Yu case” at sea in Guangxi is de facto unqualified, but the bigger problem is that the unqualified case is judged as an appropriate one. This is an important reason for the case sensitivity. To solve the problem of eligibility is to prevent the case from being sensitized. The key point is to correct the judge’s mistake and omission concept, which requires proper concept and action.