“诉的利益”是大陆法系民事诉讼法中一个重要的概念。在法德日等国以及我国的台湾、澳门地区的民事诉讼法中都有所规定,在司法实践中亦形成了诸多判例。“诉的利益”在功能方面逐渐由消极方面向积极方面转化,在扩大纠纷的可诉性上发挥了重要的作用。在英美法系国家,诉讼理念为事实出发型,无“诉的利益”概念和理论,但在立法和司法实践中都有利益衡量的标准,因此,在纠纷的可诉性方面有着无限的扩张性。 “Interests in Litigation ” is an important concept in the Civil Procedure Law of the civil law system. In France and Germany and other countries as well as our country’s Taiwan, Macao’s civil procedure law has provisions, in the judicial practice has also formed a lot of jurisprudence. “Interests in litigation ” gradually transformed from negative aspects to positive aspects in terms of functions, and played an important role in increasing litigability of disputes. In the Anglo-American legal system countries, litigation concepts are fact-based and have no concept and theory of “interest of litigation.” However, there are standards of interest measurement in legislation and judicial practice. Therefore, there is no limit to the litigability of disputes Expansion.