Whether the defendant can apply for the addition of a defendant in a civil lawsuit

Right.

Conclusion: The defendant is one of the parties and has the right to apply for the addition of the defendant. Legal basis:

Article 132 of the Civil Procedure Law stipulates: "Where the parties who must jointly conduct litigation do not participate in the litigation, the people's court shall notify them to participate in the litigation." ”

Article 73 of the Interpretation of the Supreme People's Court on Application provides: "Where the parties who must jointly conduct litigation do not participate in the litigation, the people's court shall, in accordance with the provisions of Article 132 of the Civil Procedure Law, notify them to participate; The parties may also apply to the people's court for addition. The people's court shall conduct a review of the application submitted by the parties, and where the reasons for the application are not sustained, rule to reject it; Where the reasons for the application are sustained, the party to be added is to be notified in writing to participate in the litigation.

In summary, the defendant is one of the parties, so the defendant also has the right to apply for the addition of the defendant under this provision.

1. Whether the defendant can apply for the addition of a defendant.

1. The defendant may apply for the addition of the defendant. There are two ways for the people's court to add parties:

1) Ex officio addition;

2) Addition upon application of the parties.

The law does not specify whether the parties are plaintiffs or defendants, so the defendant's application for the addition of co-defendants does not violate the provisions of the procedural law.

2. Legal basis: Article 73 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.

Where parties who must jointly conduct litigation do not participate in the litigation, the people's court shall notify them to participate in accordance with the provisions of article 130 of the Civil Procedure Law; The parties may also apply to the people's court for addition. The people's court shall conduct a review of the application submitted by the parties, and where the reasons for the application are not sustained, rule to reject it; Where the reasons for the application are sustained, the party to be added is to be notified in writing to participate in the litigation.

2. What are the conditions that need to be met for the addition of defendants?

The conditions that need to be met to add a defendant are:

1. The additional defendant must meet the conditions for the necessary joint action. A necessary co-defendant is a person who has common rights or obligations to the subject matter of the litigation and has a certain interest in the plaintiff. If this condition is not met, they must not be added as defendants;

2. The additional defendant must be clear. The law stipulates that there must be a clear defendant in the prosecution. Therefore, it must also be clear that the defendant of Chenzhichun will be added to the lawsuit. The defendant explicitly refers first and foremost to the legal recognition of its existence;

3. The additional defendant must have relevant evidence. In order to prevent the erroneous addition of a defendant, whether the court is ex officio or because of a party's application for the addition of a defendant, there should be basic evidence to prove two aspects, one is that the additional defendant is the defendant in the necessary joint action, and the other is to prove the existence of the defendant and provide detailed information, and it is not allowed to blindly add the defendant only on the basis of the parties' statements or requests.

Case: Mr. Li undertook an installation project in Mr. Zhang's factory and was responsible for the procurement of raw materials, but the two parties agreed that the raw materials purchased by Mr. Li needed to be approved by Mr. Zhang. After that, Li signed a sales contract with Wang to purchase raw materials, and Zhang signed the sales contract retained by Li to agree**, but did not sign the sales contract kept by Wang.

Now Zhang did not pay off Li's project payment, and Li did not pay off Wang's consumer payment. The plaintiff Wang sued the defendant Li for a dispute over the sales contract and demanded that Li pay for the goods, and Li believed that it was ** Zhang who bought and sold the goods, so he applied to the court to add Zhang as a co-defendant, but Wang did not apply to add Zhang as a defendant. Based on Li's application, the court added Zhang as a defendant on the grounds that Zhang was a party that must participate in the litigation.

May I ask whether Zhang is a party who must participate in the litigation, whether the defendant has the right to apply for the addition of co-defendants, and whether the court can add defendants based on the defendant's application. The plaintiff, as the initiator of the lawsuit, has the right to assert who is liable. The court shall, on the basis of the plaintiff's request, decide whether the claim is justified and whether it should be upheld.

The defendant, as the passive recipient of the lawsuit, asserted whether it should be held liable for the plaintiff's lawsuit. The author believes that the court should be cautious in handling the defendant or third party whose application is added. It is the same legal relationship, and the parties who must be added to the lawsuit should be joined.

Otherwise, it is easy to mislist subjects and confuse legal relations. However, in the course of work, especially in first-instance cases, if a certain entity is not listed, and the second-instance trial finds that it should be listed, it will be remanded for reiteration. The risk is greater.

Therefore, from a practical point of view, it can be listed above, and after the substantive trial, the non-responsible entity may be sentenced not to be liable. Second, article 123 of the Civil Procedure Law stipulates that: "The people's courts shall guarantee the right of the parties to sue in accordance with the provisions of law."

Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified that the requirements for initiating litigation are not met, a written ruling shall be made within 7 days, and where the plaintiff is not satisfied with the ruling, an appeal may be raised. "From this provision, it can be seen that the addition of necessary joint litigants has become the court's authoritative act, and the additional power of disposition and decision is not the parties, but the court.

Of course, whether such a provision is scientific or not is another question. In practice, both the plaintiff and the defendant may request the addition of a co-plaintiff, co-defendant or a third party. However, it can be seen from the above provisions that whether or not a party applies for an addition is not a necessary procedure for addition, and it does not rule out the possibility of an application by the governor of the Plaintiff, whether it is an application by the plaintiff or the defendant, it does not fall within the scope prohibited by the Litigation Law, and it is the court that has the right to make the decision.

It is the competence of the court to accrue or not. In this case, whether Zhang is a necessary co-defendant depends on how the settlement between Zhang and Li is agreed. If Zhang is only responsible for settling accounts with Li, and the reason why Zhang requires Li to obtain Zhang's approval for external procurement is because of the requirements of quality supervision, and Li is still solely responsible for Li's external procurement, then Zhang is not a qualified co-defendant.

In civil litigation cases, the court may add defendants, and in civil litigation cases, additional defendants may be added, and the additional defendants must be parties who are jointly engaged in the litigation and have not participated in the litigation, and where the parties who must jointly conduct the litigation have not participated in the litigation, the people's court shall notify them to participate in the litigation.

According to Article 132 of the Civil Litigation Law, if a party who must be co-opted for a lawsuit fails to participate in the litigation, the people's court shall notify him or her to participate in the litigation.

The plaintiff may apply for the addition of a defendant, but if the additional defendant does not meet the requirements for the necessary co-defendant but meets the requirements for closing the lawsuit, the court shall reject the application for the addition of the defendant and shall inform the plaintiff that the defendant may file a separate lawsuit. Where one or both parties are two or more parties, and the subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the people's court finds that it may be tried together with the consent of the parties, it is a joint litigation.

According to Article 132 of the Civil Procedure Law, if the parties who must jointly conduct the litigation do not participate in the litigation, the People's Court shall notify them to participate in the litigation.