中国传统法律限制特定人群的诉讼资格,并以诉讼代理制度对之作相应补救。这是诉讼代理制度产生的重要原因。在清朝,这种代理老幼、生监、笃疾等诉讼的人通称为抱告。抱告一方面保全了官员、生监、妇女等人的身份或体面、维持社会风化,避免官员利用权势干预司法;另一方面为老幼、妇女和废疾当事人向官府提供了可能的替代受罚者。抱告制度的关注点在于限制当事人的诉讼资格,强化代诉人的法律责任,体现了传统王朝在司法审判方面维持统治秩序的意志贯彻,而对代理诉讼中其它复杂现象轻率简单处理。 Traditional Chinese law restricts the litigation qualifications of specific groups of people and remedies them by the lawsuit proxy system. This is an important reason for litigation agency system. In the Qing Dynasty, such agencies such as veterinarians, health supervisors, and Atsuhitsu were commonly known as accusations. On the one hand, it has preserved the identity or decency of officials, supervisors, women and others, maintained social wealdness, prevented officials from using their power to intervene in the administration of justice, and on the other hand provided possible alternatives to punishment for the elderly, women and disabled parties By. The focus of the accusation system lies in restricting the litigation qualification of litigants and strengthening the legal liability of the claimant. It reflects the will of the traditional dynasties to maintain the ruling order in judicial trials and carries out hasty and simple handling of other complicated phenomena in litigation of litigation.