What is a party and who are the parties

Parties, means:Civil Litigationin their own name to request the people's court to protect civil rights orLegal Relationshipand the prosecution and the respondent who are bound by the judgment of the people's court. There are parties in the narrow sense and parties in the broad sense, and the parties in the narrow sense only include the plaintiff and the defendant. In terms of the structure of the parties directly opposed in the litigation, the parties only include the plaintiff and the defendant.

Litigant: refers to a person who conducts litigation in his or her own name in the event of a dispute over civil rights and obligations, with the aim of protecting civil rights and interests, and requesting the court to exercise civil adjudication power to protect his or her civil rights. However, in a few cases, based on the special provisions of the law, a person who has filed a lawsuit on the rights and obligations of others can also become a party, such as an estate administrator, an executor, an administrator of the bankruptcy estate, etc.

Newsman:

Figures directly related to news events are important subjects for journalists to interview, and they are also one of the news** sources to obtain first-hand information. During the interview, the reporter should interview the relevant parties as much as possible, and pay attention to understanding the situation and characteristics of the subject.

Adapt to each other's habits, personalities, and ways of moving. If it is difficult or in-depth to interview the person in person, a side interview can be used, and other participants, witnesses or insiders of the event can be selected.

It is necessary to pay attention to verifying the information provided by the parties, especially when the information provided by different parties is different or contradictory. During the interview, the news report should be explained to the person concerned if necessary.

reminds them to provide accurate facts responsibly.

The main characteristics of the parties are (litigation in their own name, legal interest in the case, subject to the effective judgment of the people's court, and mediation agreement).

Legal Analysis: Parties refer to victims, private prosecutors, suspects of crimes, defendants, plaintiffs and defendants in attached civil lawsuits.

Legal basis: Article 108 of the Criminal Procedure Law of the People's Republic of China The following terms in this Law have the following meanings:

1) "Investigation" refers to the work of public security organs and people's procuratorates in collecting evidence and ascertaining the facts of the case in accordance with the law in criminal cases, as well as relevant compulsory measures;

2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs in attached civil lawsuits, and defendants who have been sued by the Imperial Court;

3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and groups with the responsibility to protect;

4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators;

5) "Litigation person" refers to the victim of a public prosecution case and his or her legally-designated person or close relatives, the private prosecutor of a private prosecution case and the person entrusted by his or her legally-designated person to participate in the litigation on his behalf, and the person who is entrusted by the parties to an attached civil lawsuit and their legally-designated person to participate in the litigation on their behalf;

6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

Legal Analysis: A party refers to a person who enters into litigation due to a dispute over rights and interests in substantive law, or has a direct relationship with a specific legal fact, and is bound by a court decision. The parties are divided into criminal litigants, civil litigants and administrative litigants.

1) A person who has a vital interest in the facts and outcome of the criminal case and is in the position of a plaintiff or defendant in the litigation is a party to the criminal proceedings. In criminal litigation in China, the parties include private prosecutors, defendants, plaintiffs and defendants in attached civil lawsuits.

2) Parties to civil litigation refer to disputes arising from the rights and obligations of civil entities. Interested parties who litigate in their own name and are bound by court rulings. The narrow civil parties only refer to the plaintiff and the defendant, while the broad civil parties include joint litigants and third parties.

3) The parties to the administrative litigation are the interested parties who have disputes over rights and obligations in specific administrative legal relationships and are engaged in litigation in their own names and are bound by court rulings, including plaintiffs, defendants, co-litigants and third parties. The names of the parties are different at different stages of litigation.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 8: Parties to civil litigation have equal procedural rights. People's courts hearing civil cases shall safeguard and facilitate the parties' exercise of procedural rights, and treat all parties equally in the application of law.

Article 48: Citizens, legal persons, and other organizations may be parties to civil litigation.

Legal persons are litigated by their legal representatives. Other organizations are litigated by their principal principals.

In daily life, people deal with disputes in many ways, including third-party mediation, arbitration and civil litigation. Among them, litigation is the last resort to resolve conflicts. Civil litigation is a rigorous legal activity that must be carried out under the provisions of the Civil Procedure Law, in which the definition of the parties has a certain scope.

So what is the scope of civil litigants? Let's take a look at what I have to say.

What is called a party

Parties, in this case, are the parties to the lawsuit, i.e., the plaintiff who files a lawsuit in court and the defendant who is the subject of a lawsuit. Parties in criminal proceedings include private prosecutors, defendants, plaintiffs and defendants in attached civil litigation. Parties in civil litigation include plaintiffs, defendants, legal representatives, joint litigants, and third parties.

"Civil litigants" refers to interested parties who conduct litigation in their own name and are bound by the judgment of the people's court in the event of a dispute arising from civil rights and obligations. Civil litigants have the following three characteristics:

1. Conduct litigation in your own name. Any person who does not litigate in his own name but in the name of another person, such as a litigant, is not a party to a civil lawsuit.

2. Have a direct interest in the case. The parties must be a party to the civil dispute and have a direct interest in the case. Persons who have no direct interest in the case, such as organs, groups, enterprises, and public institutions that support the injured units and individuals in suing, are not parties to the civil litigation.

3. Subject to the judgment of the people's court. When the parties initiate litigation, the people's court should make a judgment on the relationship of civil rights and obligations between them. Therefore, a person who participates in the litigation in his own name but is not bound by the judgment of the people's court, such as witnesses and evaluators, is not a party to the civil litigation.

The parties stipulated in the Civil Procedure Law of the People's Republic of China are divided into parties in the narrow sense and parties in the broad sense. In the narrow sense, the parties refer only to the plaintiff and the defendant; Broad parties also include third parties in litigation.

To sum up, according to the provisions of the Civil Procedure Law of the People's Republic of China, the scope of civil litigants includes the plaintiff, the defendant and the third party with an interest in the case. It is more difficult to understand the third party, including those who have a claim and those who do not have a claim on the subject matter of the litigation but have a direct interest in the litigation. The first person and witness in the civil litigation do not belong to the scope of third parties.

To participate in civil litigation, certain conditions must be met, including the existence of clear parties.