民事审判对象是民事诉讼的核心要素。长期以来,我国学界对民事审判对象的讨论一直受囿于新旧诉讼标的之理论框架。旧诉讼标的理论以案件所涉法律关系为审判对象,新诉讼标的理论则以原告的诉之声明为审判对象,法律关系和诉之声明自然而然地成为学者们的关注焦点。相形之下,几乎没有人注意到 The object of civil trial is the core element of civil lawsuit. For a long time, the discussion on the object of civil trial in our academic circles has been subject to the theoretical framework of the subject of new and old litigation. The subject matter of the old lawsuit object to the legal relationship of the case as the object of trial, the subject of the new lawsuit claims the plaintiff’s claim as the object of trial, the legal relationship and the statement of the law has naturally become the focus of scholars. In contrast, almost no one noticed