Whether the plaintiff is not qualified to apply for the addition of a plaintiff

If the plaintiff is not qualified, it should be ruled that the lawsuit is not accepted or dismissed. Since the plaintiff itself does not have the right to sue, even if the court makes a judgment based on substantive law, it should also deal with it procedurally. If the defendant is not qualified, a judgment should be made to reject the plaintiff's claim.

The civil procedure legislation does not stipulate the conditions for accepting the suit, that is, there is no basis in the procedural law for the qualification review of the qualifications of the defendant to respond to the lawsuit, and at present, the plaintiff's claim can only be judged substantively from the perspective of whether the plaintiff clearly states whether the defendant should bear civil liability.

Private rights are disposable, and the court cannot forcibly add plaintiffs who are unwilling to sue. What exactly is the agency going to sue you? I will see if it is possible for a separate litigation agent to qualify.

In the case of a lawsuit for breach of contract, the intermediary is not a joint litigant with either party in the tripartite contract signed by the intermediary, but the intermediary can sue any party for breach of contract separately and is a qualified plaintiff.

If the plaintiff is not qualified, the court shall not accept it, and if it has already accepted it, the lawsuit shall be dismissed, and there is no matter of adding a plaintiff.

The intermediary company is suing you for intermediary fees, which is a qualified subject.

The court will not accept the case and will dismiss the lawsuit. The conditions for filing an administrative lawsuit under the law are: the plaintiff needs to be a public, legal person or other organization whose lawful rights and interests have been violated by a specific administrative act; the existence of a definite defendant; There is a specific claim and factual basis; It is within the scope of the people's court's acceptance of the case and the jurisdiction of the people's court receiving the lawsuit.

Article 119 of the Civil Procedure Law provides that a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit. Article 123 of the Civil Procedure Law: The people's courts shall protect the right of the parties and 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; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

For example, if the plaintiff is not qualified, the court will directly rule to dismiss the lawsuit, because the plaintiff must have a direct interest in the case, and there are still differences in judicial practice on the way the defendant is not qualified, with some people believing that the lawsuit should be dismissed, and some people believing that the lawsuit should be dismissed, while others believe that the litigation claim should be dismissed.

1. How to deal with the incompetence of the litigation subject?

If the plaintiff is not qualified, the court will rule to dismiss the lawsuit, and there is no clear provision on how to deal with the defendant's incompetence.

Civil Procedure Law of the People's Republic of China

Article 119:Requirements for initiating a lawsuit.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts, and reasons;

(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

2. What are the subjects of civil litigation?

In civil litigation activities, the subject of litigation involved includes three aspects:

The first is the adjudication organ that presides over the trial activities, and the adjudication organ leads the civil trial activities and is the natural subject;

the second is the litigant, that is, the two parties to the civil dispute involved in the litigation activities, including the litigant;

The third is litigation participants, including witnesses, evaluators, inquest personnel, etc. The subject of civil litigation must comply with the provisions of the law in order to ensure that civil litigation activities are carried out lawfully and effectively.

3. What is the process of civil litigation?

1. The plaintiff sues.

2. After the court accepts the case, a copy of the indictment shall be served on the defendant.

3. The defendant submits a reply within 15 days, and the court shall serve a copy of the reply on the plaintiff within 5 days.

4. In the case of a decision to be heard, the court shall notify the parties and make an announcement three days in advance.

5. The court investigation stage includes: the statements of the parties; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; production of documentary evidence, physical evidence and audio-visual materials; read out the appraisal conclusions; The inquest transcript is read.

6. Court debates include: speeches by the plaintiff and its litigant; Defendants and their litigants plead; The third party and its litigant speak or reply; Debating with each other.

At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.

7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.

8. Announcement of judgment.

The subject of litigation in civil litigation activities is not only the plaintiff and the defendant, but also other litigation participants, such as witnesses, appraisers, litigation personnel, etc., therefore, the treatment of the inappropriate subject of the litigation cannot be generalized at all, for example, if the witness does not have the capacity for civil conduct, the court will not allow such a witness to appear in court to testify.

Although the law stipulates that the prosecution can be re-prosecuted, the prosecution will be dismissed if the defendant is still the subject of the prosecution.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China provides that the following conditions must be met for a lawsuit: (1) The plaintiff is a citizen, legal person, or other organization with an interest in the case.

2) There is a clear defendant (3) There is a specific request for litigation and litigation, facts and reasons. (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

As long as the plaintiff sues, it only requires the defendant to be clear, and does not require the defendant to be correct. Therefore, even if the defendant is wrong, it does not belong to the situation of the court's inadmissibility, and of course the ruling cannot be used to dismiss or dismiss the lawsuit, and the plaintiff's claim should be dismissed by a judgment. Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a defendant who has made a clear and empty accusation; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 19 of the Civil Procedure Law of the People's Republic of China (100) The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.