Discussion on civil litigants the additional
for additional parties in civil litigation issues, existing civil procedure law and relevant judicial interpretations of the Supreme Court have some general provisions, but the lack of actionable terms, especially when additional problems such as application or append a notice when and no clear rules. To do this, take this passage presents itself with a tube.
look at the existing code of civil procedure law and relevant judicial interpretations of the Supreme Court, it is easy to see:
, additional parties subject
additional parties in civil litigation (in the larger parties, including third party) of the proper subject, nothing more than one of the following three categories:
&Nbsp; 1, has been involved in litigation against parties;
2, intended involvement to others interested in the ongoing litigation;
3, against the presiding judge or the full Court on behalf of a people's Court according to the terms of reference of the proposed.
second, the substantive conditions for additional party
according to law is appended litigants must comply with one of the following substantive conditions:
1, have been involved in contentious proceedings by the parties of the proceedings has the right to request independent (that is, third party with independent claim);
&Nbsp; 2, and on has for of this v exists legal Shang of directly interest relationship (directly of right obligations relationship) (that necessary common litigation of common plaintiffs or common accused);
3, and on has participation litigation of party race Court of litigation standard of, both not enjoys independent of requests right, also not and this v exists legal Shang of directly interest relationship (directly of right obligations relationship), But merely have a legal stake in the outcome of the case (that is, the third party without independent claim).
c, shall be additional parties involved in litigation model
on the merits, additional parties who participated in the proceedings by law embody one of the following two modes:
1, a joint action (appended in accordance with law of the parties involved in the complaint of the plaintiff, and the formation of joint plaintiffs, Or participation to this v of accused party among, and of formed common accused);
2, and participate in of v (law was additional of party, according to itself on has participation litigation of party race Court of litigation standard of whether has independent of requests right, and respectively to has independent requests right third people or no independent requests right third people participation to this v, as relative independent of party litigation legal relationship subject).
four, additional application for appropriate time to append a notice or
in this regard, the current provisions in the code of civil procedure is not clearly defined, and related judicial interpretations of the Supreme Court is not involved in this content. As a result, not only in judicial practice in dealing with the parties on the issue of supplementary civil cases vary widely, and legal practice also holds one said, is not conducive to the unity of the legal system. For, author recommends highest court as soon as possible on made clear of judicial explained, while proposed himself of views:
1, and self-evident, regardless of is main trial judge or full representative Court according to terms active issued additional notification, or for party or interest relationship people proposed additional application and by court passive additional, are must will time control in this v has filed and litigation is for among;
2, the presiding judge or the full Court issued an additional ex officio notification and parties or interested persons submit applications for additional time, should have the appropriate evidence to show that the trial judge or collegiate bench and the applicant informed append statutory subject matter immediately after the timely submission of the parties, in principle limited to court before the end of the investigation phase. Specific situations should be distinguished as follows:
1) who knows the additional statutory subject matter during the time of proof of the parties related to the lawsuit the party or interested person shall, before the expiration of time limit for adducing additional applications, or the full Court and the presiding judge of the parties according to the terms of reference appended should also append a notice before the expiration of time limit for adducing evidence.
2) who knows the additional party time after the expiration of time limit for adducing evidence relating to statutory subject matter before the trial begins, during the preparation or court investigation phase related to the litigation the parties or interested persons shall be submitted before the end of the investigation phase an additional application in the Court, or the full Court and the presiding judge of the parties according to the terms of reference appended, or append a notice before the end of the Court, should the investigation phase. Meanwhile, the presiding judge or a bench right to court decided to reopen the investigation or a supplementary investigation, interested parties (including additional parties according to law) has the right to an appropriate request to the Court, which, the presiding judge or the full Court should be supported by law.
3) If for special reasons leading to aware of the additional time in court about the legal cause of the parties after the end of the investigation phase of the Court debate, the presiding judge or the full Court should be reviewed according to law, prevent the sued parties or other interested parties take this unreasonable delay or obstruct the proceedings of the law continued. On the case and in accordance with the statutory requirements, the law granted additional and decided to carry out forensic investigations, the supplementary investigation or recovery court investigation, interested parties (including additional parties according to law) has the right to an appropriate request to the Court, which, the presiding judge or the full Court should be supported by law.
4) parties appended to the courts after the debate before it knows the statutory principle, party to the litigation or other interested persons the right to apply for additional, or the full Court or the presiding judges then decided to go back to court investigation, supplementary investigation or recovery forensic investigations. In this regard, is responsible for the procedure before the trial judge or a collegial panel shall, in accordance with the relevant provisions of the civil procedure law to continue the trial and render a decision.
5) delayed longer than the period preceding the relevant supplementary application, interested parties have the right to put forward the corresponding procedure loss of right to defend. The presiding judge or the full Court should no longer give any additional notice ex officio in accordance with law, and face all late filing of additional applications, shall be dismissed according to law, while writing about the litigation parties or other interested persons shall be the other case prosecution or appeal, appeal to a legal remedy in a timely manner, to ensure that the effectiveness of the proceedings and the efficiency of the administration of Justice.