Whether an institution that does not have legal person status has the qualifications to be the subje

Legal analysisThe subject of litigation as provided for in the Civil Procedure Law includes natural persons, legal persons, and other organizations. Other organizations provided for by relevant laws refer to organizations that are legally established and have certain organizational structures and assets, but do not have the status of a legal person, including: (1) sole proprietorship enterprises that have registered and obtained business licenses in accordance with the law; (2) Partnership enterprises that have registered and obtained business licenses in accordance with law; (3) Chinese-foreign cooperative joint ventures and foreign-funded enterprises that have registered and received business licenses in accordance with the law; (4) Branches and representative offices of lawfully established social groups; (5) A branch of a legal person established in accordance with law and receiving a business license; (6) Branches of commercial banks, policy banks and non-bank financial institutions established in accordance with law and having obtained business licenses; (7) Township enterprises and neighborhood enterprises that have been registered and received business licenses in accordance with law; (8) Other organizations that meet the requirements of this article.

For example, in a divorce case, neither husband nor wife has legal personality, but they can also be the subject of litigation. Individually-owned businesses and rural households do not have the status of an enterprise legal person, but matters related to business operations may be the subject of litigation. Where registration is required by law for an individual partnership, the name of the individual partnership is the subject of litigation.

If the law does not require a hierarchy, either partner may be the subject of the litigation.

Legal basisCivil Procedure Law of the People's Republic of China

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.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 52: Other organizations provided for in article 48 of the Civil Procedure Law refer to organizations that are lawfully established and have a certain amount of organizational structure and assets, but do not have the status of a legal person, including: (1) sole proprietorship enterprises that have registered and received business licenses in accordance with law; (2) Partnership enterprises that have registered and obtained business licenses in accordance with law; (3) Chinese-foreign cooperative joint ventures and foreign-funded enterprises that have registered and received business licenses in accordance with the law; (4) Branches and representative offices of lawfully established social groups; (5) A branch of a legal person established in accordance with law and receiving a business license; (6) Branches of commercial banks, policy banks and non-bank financial institutions established in accordance with law and having obtained business licenses; (7) Township enterprises and neighborhood enterprises that have been registered and received business licenses in accordance with law; (8) Other organizations that meet the requirements of this article.

Have. The subject of litigation as provided for in the Civil Procedure Law includes natural persons, legal persons, and other organizations. Other organizations as provided for in Article 48 of the Civil Procedure Law refer to organizations that are legally established and have certain organizational structures and assets, but do not have the status of a legal person, including:

1) Sole proprietorship enterprises registered and licensed in accordance with the law; (2) Partnership enterprises that have registered and obtained business licenses in accordance with law; (3) Chinese-foreign cooperative joint ventures and foreign-funded enterprises that have registered and received business licenses in accordance with the law; (4) Branches and representative offices of lawfully established social groups; (5) A branch of a legal person established in accordance with law and receiving a business license; (6) Branches of commercial banks, policy banks and non-bank financial institutions established in accordance with law and having obtained business licenses; (7) Township enterprises and neighborhood enterprises that have been registered and received business licenses in accordance with law; (8) Other organizations that meet the requirements of this article.

"The subject of civil litigation" refers to the parties involved in civil litigation and bridge litigation activities. In civil litigation activities, the subject of litigation involved includes three aspects: 1. The adjudication organ that presides over the trial activities, and the adjudication organ leads the civil trial activities, which is the subject of course.

2. Litigants, that is, both parties to civil disputes involved in litigation activities, including litigants. 3. Litigation participants, including witnesses, appraisers, 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.

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 9: People's courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

Article 10: People's courts hearing civil cases are to implement the systems of collegiality, recusal, open trial, and final adjudication at two instances in accordance with the provisions of law.

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

Article 57: Persons who lack capacity for litigation are to be represented by their guardians as legally-prescribed persons. Where legally-prescribed persons pass the buck to each other, the people's court is to designate one of them to litigate on their behalf.

A branch office has the qualification to be the subject of litigation, and according to the relevant laws and regulations, the branch does not have the status of a legal person. Zixiaoxi Company independently bears civil liability, but the branch company's civil responsibility is borne by the head office, and the branch cannot declare bankruptcy claims.

Article 115 of the Company Law A company shall not provide loans to directors, supervisors or senior management directly or through its subsidiaries. Article 14 The company may set up a branch. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license.

The branch does not have the status of a legal person, and its civil liability is borne by the company. A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.

In the practice of civil and commercial trials, there have been irregularities in determining the litigation status and attribution of liability of non-enterprises, and I briefly describe the phenomena that have arisen, the existing problems, and how to determine the litigation status and liability of unincorporated enterprises for reference.

1. The basis for unincorporated enterprise organizations as the subject of litigation: Article 3 of China's Civil Procedure Law stipulates that: "People's courts accept civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relations.

Article 49 of China's Civil Procedure Law stipulates that "citizens, legal persons and other organizations may be parties to civil litigation. Article 40 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China provides a detailed explanation of "other organizations" in Article 49 of the Civil Procedure Law. "Other organizations" refers to organizations that are legally established and have certain organizational structures and assets, but do not have the status of a legal person.

Including: 1) Private sole proprietorship enterprises and partnership organizations that have registered and obtained business licenses in accordance with the law;

2) Partnership enterprises registered and licensed in accordance with the law;

3) Sino-foreign cooperative joint ventures and foreign-funded enterprises that have registered and obtained China's business license in accordance with the law;

4) Social groups that have been approved by the civil affairs department to register and receive a social group registration certificate;

5) A branch established by a legal person in accordance with the law and has obtained a business license;

6) Branches of the People's Bank of China and commercial banks;

7) Branches of Chinese People's Insurance Company in various places;

8) Township, street, and village-run enterprises that have been approved and registered to obtain business licenses;

9) Other organizations that meet the conditions specified in this article;

2. In practice, the litigation status and liability of unincorporated enterprises are expressed in the form confirmed in legal documents.

1) Some legal documents confirm that the unincorporated enterprise has the qualifications to be the subject of litigation in the trial procedure, and sentence it to enjoy rights or bear obligations.

2) Some legal documents confirm that an unincorporated enterprise does not have the qualifications to be the subject of litigation in the litigation procedure, and directly lists its founding unit or competent department as the subject of litigation and enjoys rights or bears legal consequences.

3) Some legal documents determine the litigation status of unincorporated enterprises, but the subject enjoying or undertaking rights and obligations is the unit in which it started or the competent department.

Third, there are problems.

1) In the case that the plaintiff does not apply for the establishment of a unit as a defendant, the court takes the initiative to add the establishment unit as a defendant and sentences it to be directly liable.

2) The nature of liability to unincorporated enterprises is unclear. It is unclear whether the unincorporated entity bears supplementary liability or joint and several liability, and the order of the entity responsible is wrong.

3) When the plaintiff only sues an unincorporated enterprise, inform the plaintiff that it must sue the start-up unit and determine that it is directly liable, omitting the entity that bears responsibility.

4) When the plaintiff sues the unincorporated enterprise and the start-up unit together, the two are jointly and severally liable.

In accordance with the relevant laws and regulations, the following branches are qualified as subjects of civil litigation.

1. Branches of lawfully established social organizations;

2. A branch of a legal person established in accordance with the law and obtaining a business license;

3. Branches of commercial banks, policy-oriented banks and non-bank financial institutions that have been established and licensed in accordance with the law.

Article 40 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China states that the branches of the People's Bank of China and various specialized banks and the branches of the Chinese People's Insurance Company in various localities are also "other organizations" under the Civil Procedure Law and may be litigants.

Legal Analysis: According to the relevant laws and regulations, the following branches are qualified as the subject of civil litigation. 1. Branches of lawfully established social organizations; 2. A branch of a legal person established in accordance with the law and obtaining a business license; 3. Branches of commercial banks, policy banks and non-bank financial institutions established and licensed in accordance with the law.

Legal basis: Article 52 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Article 48 of the Civil Procedure Law Other organizations provided for in Article 48 of the Civil Procedure Law refer to organizations that are legally established and have certain organizational structures and assets, but do not have the status of a legal person, including: (1) sole proprietorship enterprises that have registered and obtained business licenses in accordance with the law; (2) Partnership enterprises that have registered and obtained business licenses in accordance with law; (3) Chinese-foreign cooperative joint ventures and foreign-funded enterprises that have registered and received business licenses in accordance with the law; Branches and representative offices of lawfully established social groups; (5) A branch of a legal person established in accordance with law and receiving a business license; (6) Branches of commercial banks, policy banks and non-bank financial institutions that have been established and licensed in accordance with the law; (7) Township enterprises and neighborhood enterprises that have been registered and received business licenses in accordance with law; (8) Other organizations that meet the requirements of this article.