What does the plaintiff mean, what does the plaintiff and the defendant mean

Plaintiff. plaintiff

In the civil case, a person who files a lawsuit in his own name and asks the court to protect his rights and interests, so that the lawsuit is established. In the course of hearing a civil case, the people's court shall promptly allow the unqualified plaintiff to withdraw from the litigation if the party does not meet the requirements, that is, if the party does not have a direct interest in the case, does not have the capacity to file a lawsuit, or whose civil rights and interests have not been infringed upon or a dispute arises. If the plaintiff who does not meet the requirements is unwilling to withdraw from the lawsuit, the lawsuit shall be dismissed by ruling; If there are eligible plaintiffs among the other parties who do not wish to participate in the litigation, the trial of the case may be terminated.

The plaintiff has the right to sue, and has the right to waive, modify or add to the claim after the lawsuit. Where the plaintiff is summoned by summons, refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether or not to allow it. Where the people's court rules not to allow the withdrawal of the lawsuit, where the defendant has a counterclaim, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

Criminal cases are generally prosecuted by the people's procuratorate in China. Victims, or their legally-designated persons, or close relatives may also serve as plaintiffs and directly file a lawsuit with the judicial organs, which is called a private prosecution. The public prosecutor occupies the position of a plaintiff in the lawsuit, but because he is also responsible for legal supervision, he is not an ordinary plaintiff.

China's Administrative Litigation Law stipulates that citizens, legal persons or other organizations have the right to file a lawsuit with a people's court to become a plaintiff if they believe that a specific administrative act of an administrative organ or its staff infringes upon its lawful rights and interests.

The plaintiff defendant meant to roll in:

1. The plaintiff refers to the person who initiates the lawsuit, and the defendant refers to the person who is the subject of the lawsuit;

2. The plaintiff believes that his or her civil rights and interests have been infringed, and the defendant is a person who is considered to have infringed upon the plaintiff's legitimate rights and interests;

3. The plaintiff is the person who initiated the lawsuit and caused the litigation proceedings, and the defendant is the person who was summoned by the people's court in accordance with the law to respond to the lawsuit.

Whether the plaintiff or the defendant pays the legal costs.

It depends on the situation, under normal circumstances, the civil litigation costs are borne by the plaintiff, because the defendant's behavior caused the plaintiff's losses, so the plaintiff believes that the litigation costs should be borne by the defendant, which can be written in the complaint, and who bears it in the end depends on the court's judgment. If it's a special case:

1. If the parties request to win the lawsuit partially and lose the lawsuit partially, the parties shall bear the burden in proportion to their responsibilities;

2. Cases that have reached an agreement through mediation shall be borne by both parties through negotiation;

3. In the case of withdrawal of the lawsuit, the plaintiff shall bear the burden, but the fee shall be reduced by half; In cases where the lawsuit is dismissed, the plaintiff bears the burden.

[Legal basis].: Article 119 of the Code of Civil Procedure.

It stipulates that the following conditions must be met for 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.

Legal Analysis: What does the plaintiff mean by the defendant: The plaintiff is a principle used in civil law when choosing the competent court for the defendant.

Unless otherwise provided by law, it is one of the common international practices for the plaintiff to defend the defendant, which is conducive to the court's service of legal documents, saving litigation costs, shortening the litigation period, and ultimately enforcing the law. General territorial jurisdiction, also known as ordinary jurisdiction or general jurisdiction, refers to the determination of the competent court based on the relationship between the location of the parties and the jurisdiction of the court. That is, the court jurisdiction of the parties is under the jurisdiction of which court.

The location of the parties includes both the domicile of the parties and the habitual residence of the parties. Domicile, in the case of a citizen, means the place where the citizen is domiciled; For legal persons and other organizations, it refers to the principal place of business or the place where the principal office of the legal person or other organization is located. "Habitual residence" refers to the place where a citizen has resided continuously for more than one year from the time he leaves his or her place of residence to the time of initiation, except for the place where the citizen is hospitalized for medical treatment.

Legal basis: Article 21 of the Civil Procedure Law: The people's court at the place where the defendant is domiciled has jurisdiction over civil lawsuits brought against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where several defendants in the same litigation have their domicile or habitual residence in the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction to complain.

Legal analysis: 1. The plaintiff refers to the person who initiates the lawsuit, while the defendant refers to the person who is the subject of the lawsuit; 2. The plaintiff believes that his civil rights and interests have been infringed, and the defendant is a person who is considered to have infringed upon the plaintiff's legitimate rights and interests; 3. The plaintiff is the person who initiated the lawsuit and caused the litigation proceedings, and the defendant is the person who was summoned by the people's court in accordance with the law to respond to the lawsuit.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 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 the people's court's acceptance of civil and balance lawsuits and the jurisdiction of the people's law source banquet court that is the subject of the lawsuit.

Legal Analysis: Symmetry of Plaintiff, "Defendant". One of the narrower parties.

It refers to a person who files a lawsuit with the court in his own name in order to protect his legitimate rights and interests, thus causing the occurrence of litigation proceedings. In civil cases, the defendant rift zone refers to a person who infringes on the interests of the plaintiff and needs to be investigated for civil liability and notified by the court to respond to the lawsuit.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China stipulates that a lawsuit must meet the following conditions: (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 the people's court's acceptance of the lawsuit and the jurisdiction of the people's court where He Chai is sued.

The plaintiff refers to a person who, in order to protect his or her lawful rights and interests, files a lawsuit with the people's court in his own name because his or her civil rights and interests or those under his or her management have been infringed, or because of a dispute with others, and the people's court accepts it, resulting in the commencement of the litigation proceedings.

What does the plaintiff mean.

The plaintiff refers to a person who, in order to protect his or her legitimate rights and interests, files a lawsuit with the people's court in his own name, which is accepted by the people's court, resulting in the commencement of the litigation process.

The defendant corresponding to the plaintiff refers to the person with whom the plaintiff claims to have infringed his rights and interests, or who has a civil rights dispute with him, and who has been summoned by the people's court to respond to the lawsuit in accordance with the law. The plaintiff and the defendant are comparatively proportioned. Citizens, legal persons and other organizations can act as plaintiffs and defendants in civil proceedings.