关键词: 形成中的权利, 司法应对, 诉的利益, 违法性判断, 案例指导制度

Abstract:

With the rapid development of society，increasing number of lawsuits are filed concerning the forming rights. In order to protect the judges，the courts usually reject or suspend considering such cases in the name of “No Stipulation in Explicit Terms”. However，to safeguard the legitimate rights and interests of citizens and to exert the function of law in maintaining social order，the court should decide whether or not to consider a case based on the interests of action. In method，the court should decide whether specific forming rights have any legal basis in terms of substantive law through law hermeneutics，right stratification theory and judgment about illegality. Institutionally，the court should establish effective case guiding system to guide the practice of judicial judgment and form a consistent judicial standard.

Key words: forming rights, judicial response, interest of action, judgment about illegality, case guiding system