在诉讼中,当事人的诉讼能力问题非常重要,它是诉讼行为有效的构成要件之一。在家事诉讼中亦是如此,家事诉讼具有自身的特殊性,因此,立法对家事诉讼中当事人的诉讼能力的规定应当区别于普通民事诉讼中对当事人诉讼能力的规定。 In the litigation, litigant’s ability to litigation is very important, it is one of the elements that make litigation effective. The same applies to family litigation. Family litigation has its own particularity. Therefore, the stipulation of legislation on the litigability of litigants in family litigation should be distinguished from the litigability of litigants in ordinary civil litigation.