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在民事诉讼上,诉的变更决定着当事人诉讼行为的效力范围与诉讼整体发展方向。在有些情形下,诉的变更甚至将会导致诉讼标的的变更,以至于从总体上动摇裁判的基础。可见,对于诉的变更的确定,会对诉讼程序乃至当事人的实体权利带来重大影响,因此,在立法上,对诉的变更所涉及的范畴应当予以适当规范。如果界定得过于宽泛,将不利于保障诉讼程序的安定性与效益性;如果界定得过于狭窄,也不利于保障当事人充分地行使诉权,有违设置民事诉讼这种公力救济途径的旨意。在对我国现行民事诉讼法进行修订时,应当将诉的变更界定为诉的声明的变更与请求原因事实的变更。
In civil litigation, the change of litigation determines the scope of the litigant ’s litigation and the overall direction of lawsuit. In some cases, a change in the petition may even lead to a change in the subject matter of the lawsuit that will generally shake the basis of the referee. Obviously, the determination of the change of the litigation will have a significant impact on the substantive rights of litigation and even the litigants. Therefore, in terms of legislation, the scope of the litigation should be properly regulated. If the definition is too broad, it will not be conducive to ensuring the stability and effectiveness of the litigation process. If the definition is too narrow, it will not be conducive to ensuring the litigious rights of litigants fully exercised, which violates the purpose of setting a civil remedy such as civil litigation. In the revision of the current civil procedure law in our country, the change of the lawsuit should be defined as the change of the statement of the lawsuit and the factual change of the reason of the request.