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Legal analysis: The defendant is not qualified, mainly refers to the defendant's identity, qualifications, rights and obligations, rights and interests, or capacity for conduct that do not comply with the provisions of the law, and does not have the qualifications to be the subject of litigation. A number of conditions need to be met to file 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 the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 119: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.
Article 123: People's courts shall ensure that parties enjoy the right 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.
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The conditions for the defendant's eligibility are as follows:
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.
The so-called "defendant qualification" means that the defendant is eligible to participate in the litigation as a defendant in accordance with the law. In accordance with the provisions of the law, civil litigation resolves disputes between citizens, legal persons, other organizations, and between them over property and personal relations. Therefore, whether the parties are qualified or not can only be linked to the specific litigation to see whether the parties have a direct connection with the specific subject matter of the litigation, and the standard of the group's judgment is applicable to both the plaintiff and the defendant.
The defendant's incompetence mainly refers to the defendant's identity, qualifications, rights and obligations, legal capacity, or capacity for conduct that do not comply with the provisions of law, and does not have the qualifications to be the subject of litigation.
I believe that if you encounter such problems in your future life, you can deal with them. The relevant provisions of the civil category should be the laws and regulations that are closest to our lives, so we should also understand the relevant laws and regulations in our daily life.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 119.
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.
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Legal Analysis: The so-called "qualified defendant" refers to the qualification to participate in the litigation as a defendant in accordance with the law. In accordance with the provisions of the law, civil litigation settles disputes between citizens, legal persons, other organizations, and between them arising from property and personal relations.
Therefore, whether the parties are qualified to talk about whether they are qualified can only link the parties to the specific litigation to see whether the parties have a direct connection with the specific subject matter of the litigation, and the standard of judgment applies to both the plaintiff and the defendant. Han Nian Xun.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China 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 civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal Analysis: The term "eligibility of a party to a civil lawsuit" means that a party who is qualified to become a plaintiff or defendant in his or her own name in a particular lawsuit and is therefore bound by the judgment of this case, so it is also called party eligibility.
Eligibility refers to the qualification to participate in litigation in the name of a party and request to be resolved by a judgment for a specific right or legal relationship that is the subject matter of the litigation.
Legal basis: Article 119 of the Civil and Judicial Procedure Law of the People's Republic of China: Prosecution 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 litigation and the jurisdiction of the people's court receiving the lawsuit.
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Legal analysis: Eligible parties to civil litigation first determine whether the parties have the capacity for litigation rights. A legitimate party refers to a party who is qualified to become a plaintiff or defendant in his or her own name for a specific lawsuit, and is therefore bound by the judgment of the case, so it is also called party qualification.
"A party in a civil lawsuit" refers to a person who conducts a lawsuit in his or her own name in the event of a dispute over civil rights and obligations, and requests the court to exercise its civil adjudication power. The parties in civil litigation are divided into narrow and broad senses. In a narrow sense, parties refer only to the plaintiff and the defendant.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for initiating 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.
The questioner's language is vague, and he does not know whether to answer the last born of the last two personalities, or the last to die. It seems that it is not enough to study history, but also to make up more supplementary lessons in the field of language.
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Clause.
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