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

Article 48: "Adjudicators" as used in article 44 of the Civil Procedure Law includes the people's court's president, vice president, adjudication committee members, division heads, deputy division heads, adjudicators, assistant adjudicators, and people's assessors participating in the trial of this case.

Article 49: Relevant provisions on the recusal of adjudicators are to be applied to clerks and enforcement personnel.

3. Litigation participants

Article 50: The legally-designated representative of a legal person shall be subject to registration in accordance with law, except as otherwise provided by law. Where legal persons do not need to be registered in accordance with law, their principal responsible person is the legal representative; Where there is no principal responsible person, the deputy responsible person presiding over the work is the legally-designated representative.

Where the legally-designated representative has already been changed, but registration has not been completed, and the changed legally-designated representative requests to participate in the litigation on behalf of the legal person, the people's court may permit it.

other organizations, represented by their principal principals.

Article 51: Where the legally-designated representative of a legal person is changed during litigation, the new legally-designated representative is to continue the litigation and shall submit a new legally-designated representative's identity certificate to the people's court. The litigation conducted by the original legal representative is valid.

The provisions of the preceding paragraph apply to litigation in which other organizations participate.

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 registered and licensed for business licenses in accordance with law;

(2) Partnership enterprises that have registered and received 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.

Article 53:Where a legal person is not a branch established in accordance with law, or where a branch is established in accordance with law but has not received a business license, the legal person who established the branch is to be the party.

Article 54:Where civil activities are engaged in in the form of affiliation, and the parties request that the affiliated and affiliated persons bear civil liability in accordance with law, the affiliated persons and the affiliated persons are joint litigants.

Article 55:In litigation, where one of the parties dies and it is necessary to wait for the heirs to indicate whether or not to participate in the litigation. Ruling to stay the proceedings. The people's court shall promptly notify the heirs to undertake the litigation as a party, and the litigation conduct that the decedent has already carried out is effective for the heirs who bear the litigation.

Article 56: Where the staff of a legal person or other organization causes harm to others in the performance of their work tasks, that legal person or other organization is the party.

Article 57: Where the party providing labor services causes harm to others as a result of the labor services, and the victim initiates a lawsuit, the party receiving the labor services is the defendant.

Article 58 During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of his or her work tasks, the employing unit accepting the labor dispatch shall be the party concerned. Where a party claims that the labor dispatch unit is liable, the labor dispatch unit is a co-defendant.

Article 59: In litigation, the business operators registered on the business license are the parties to individual industrial and commercial households. If there is a trade name, the trade name registered on the business license shall be the party. However, the basic information of the business operator shall be indicated at the same time.

Where the business operators registered on the business license are inconsistent with the actual business operators, the registered business operators and the actual business operators are joint litigants.

Article 60: In litigation, all partners of an individual partnership that has not been registered and received a business license in accordance with law are joint litigants. If an individual partnership has a trade name that has been approved and registered in accordance with law, the registered trade name shall be indicated in the legal documents. All partners may elect representatives; The elected representative shall be nominated by all partners.

Article 61: Where a dispute between the parties reaches an agreement through mediation by the people's mediation committee, and one party does not perform the mediation agreement, and the other party initiates a lawsuit in the people's court, the other party shall be the defendant.

Article 62:In the following circumstances, the actor is a party:

(1) Legal persons or other organizations that should be registered but have not registered. The perpetrator is carrying out civil activities in the name of that legal person or other organization;

(2) The actor does not have the power of agency, exceeds the power of agency, or conducts civil activities in the name of the principal after the power of agency is terminated, except where the counterpart has reason to believe that the actor has the power of agency;

(3) After the legal person or other organization is terminated in accordance with law, the actor is still carrying out civil activities in its name.

Article 63: Where enterprise legal persons are merged, disputes arise as a result of civil activities before the merger. The merged enterprise is the party; In the case of the division of an enterprise legal person, the enterprise after the division shall be the joint litigant in the case of disputes arising from civil activities before the division.

Article 64 Where an enterprise legal person is dissolved, it shall be liquidated and deregistered in accordance with law. with the enterprise legal person as the party; Where it is deregistered without liquidation in accordance with law, the shareholders, founders or investors of the enterprise legal person shall be the parties.

Article 65:Where a letter of introduction, a special seal for a contract, a blank contract with a seal, or a bank account are borrowed, the lending unit and the borrower are joint litigants.

Article 66 Litigation arising from a dispute over a guarantee contract. Where creditors claim rights against both the guarantor and the guarantor, the people's court shall list the guarantor and the guarantor as co-defendants. Where the guarantee contract stipulates that it is a general guarantee, and the creditor only sues the guarantor, the people's court shall notify the guaranteed party to participate in the litigation as a co-defendant; Where the creditor only sues the guarantor, it may only list the guarantor as the defendant.

Article 67:Where persons lacking or limited capacity for civil conduct cause harm to others, the persons without or limited capacity for civil conduct and their guardians are co-defendants.

Article 68:Where a villagers' committee or villagers' group has a civil dispute with others, the villagers' committee or villagers' group with independent property is the party.

Article 69:Where a lawsuit is initiated against conduct that infringes upon the deceased's body, bones, name, likeness, reputation, honor, privacy, or so forth, the deceased's close relatives are the parties.

Article 70:Where some of the heirs file a lawsuit in a lawsuit for inheritance, the people's court shall notify the other heirs to participate in the lawsuit as joint plaintiffs; Where the notified heirs are unwilling to participate in the litigation and have not expressly waived their substantive rights, the people's court should still list them as co-plaintiffs.

Article 71:Where the plaintiff sues the principal and the agent, and demands joint and several liability, the principal and the agent are joint defendants.

Article 72: The right of common property is infringed upon by others. Where some of the co-owners file a lawsuit, the other co-owners are joint litigants.

Article 73:Where parties who must jointly conduct litigation do not participate in the litigation, the people's courts shall notify them to participate in accordance with article 132 of the Civil Procedure Law; The parties may also apply to the people's court for addition. The people's court shall conduct a review of the application submitted by the parties, and where the reasons for the application are not sustained, rule to reject it; Where the reasons for the application are sustained, the party to be added is to be notified in writing to participate in the litigation.

Article 74:When people's courts add parties to a joint litigation, they shall notify the other parties. The plaintiff that should be added has expressly waived its substantive rights. No additions may be made; Those who are unwilling to participate in the litigation and do not waive their substantive rights should still be added as co-plaintiffs, and their non-participation in the litigation does not affect the people's court's trial of the case and making a judgment in accordance with law.

Article 75:The large number of people provided for in articles 53, 54, and 199 of the Civil Procedure Law generally refers to 10 or more people.

Article 76:In accordance with article 53 of the Civil Procedure Law, where the number of parties is large and determined at the time of initiating a lawsuit, all parties may elect a common representative, or some of the parties may elect their own representatives; Parties who cannot elect a representative. In necessary joint proceedings, they may participate in the litigation themselves, and in ordinary joint litigation, they may file separate lawsuits.

Article 77:On the basis of article 54 of the Civil Procedure Law, where the number of parties is large and uncertain at the time of initiating a lawsuit, the parties are to select a representative. The parties cannot be elected. The people's court may propose a candidate to consult with the parties; Where negotiation fails, the people's court may also appoint a representative among the parties to the lawsuit.

Article 78:The representatives provided for in articles 53 and 54 of the Civil Procedure Law are two to five, and each representative may retain one or two persons as agents ad litem.

Article 79:In cases accepted in accordance with article 54 of the Civil Procedure Law, the people's courts may issue public announcements. Notify the right holder to register with the people's court. The period for public notice is to be determined on the basis of the specific circumstances of the case, but must not be less than 30 days.

Article 80: Rights holders registered with the people's courts in accordance with article 54 of the Civil Procedure Law shall prove their legal relationship with the opposing party and the harms they have suffered. I can't prove it. If the registration is not granted, the right holder may file a separate lawsuit. The judgments of the people's courts are to be enforced within the scope of registration. Where a rights holder who has not participated in the registration initiates a lawsuit, and the people's court finds that his request is sustained, it shall rule to apply the judgment or ruling already made by the people's court.

Article 81: On the basis of article 56 of the Civil Procedure Law, third parties with the right to make independent claims have the right to submit litigation claims, facts, and reasons to the people's courts, and become parties; Third parties who do not have the right to make an independent claim may apply or be notified by the people's court to participate in the litigation.

Where a third party who did not participate in the first-instance trial procedures applies to participate in the second-instance trial procedures, the people's court may permit it.

Article 82:In first-instance trial litigation, third parties who do not have the right to make independent claims do not have the right to raise jurisdictional objections, have no right to waive or modify litigation claims, or apply to withdraw the lawsuit, and where they are judged to bear civil liability, they have the right to raise an appeal.

Article 83:In litigation, the guardian of a person who lacks or has limited capacity for civil conduct is his legally-designated representative. Where a guardian has not been determined in advance, it may be determined through consultation by persons with guardianship qualifications; Where negotiation fails, the people's court is to appoint a legally-designated representative in the litigation among them. Where parties do not have a guardian as provided for in paragraphs 1 or 2 of article 16 or paragraph 1 of article 17 of the General Principles of the Civil Law, they may designate the relevant organizations provided for in paragraph 4 of article 16 or paragraph 3 of article 17 of that law to serve as their legally-designated representative in litigation.

Article 84:Where persons who lack or have limited capacity for civil conduct, as well as others who cannot serve as agents ad litem in accordance with law, the parties must not retain them as agents ad litem.

Article 85:On the basis of item (2) of paragraph 2 of article 58 of the Civil Procedure Law, relatives with whom a party has a husband and wife, direct blood relative, collateral blood relative within three generations, close relatives by marriage, or other relatives who have a relationship of support or support, may serve as an agent ad litem in the name of the party's close relative.

Article 86: In accordance with the provisions of Article 58, Paragraph 2, Item 2 of the Civil Procedure Law, employees who have a lawful labor and personnel relationship with a party may serve as an agent ad litem in the name of the party's staff.

Article 87:On the basis of item (3) of paragraph 2 of article 58 of the Civil Procedure Law, where relevant social groups recommend citizens to serve as agents ad litem, the following requirements shall be met:

(1) Social Groups are non-profit legal person organizations that have been registered and established in accordance with law or that have been exempted from registration in accordance with law;

(2) The principal is a member of the Social Group, or one of the parties is domiciled in the area where the Social Group is active;

(3) Agency affairs are within the scope of operations provided for in the social group's charter;

(4) The recommended citizen is the responsible person of the social group or a staff member who has a legal labor relationship with the social group.

Upon recommendation by the All-China Patent Attorneys Association, a patent attorney may act as an agent ad litem in a patent dispute case.

Article 88:In addition to submitting a power of attorney in accordance with article 59 of the Civil Procedure Law, agents ad litem shall also submit relevant materials to the people's courts in accordance with the following provisions:

(1) Lawyers shall submit lawyers' practice certificates and law firm certification materials;

(2) Basic-level legal service workers shall submit legal service workers' practice certificates, letters of introduction issued by basic-level legal services, and materials proving that one of the parties is located in that jurisdiction;

(3) The close relatives of the parties shall submit their identity documents and materials proving that they have a close family relationship with the client;

(4) The staff of the party shall submit their identity documents and proof of having a lawful labor and personnel relationship with the party;

(5) Citizens recommended by the community or unit where the party is located shall submit their identity documents, recommendation materials, and materials proving that the party belongs to that community or unit;

(6) Citizens recommended by relevant social groups shall submit their identity documents and supporting materials that meet the requirements provided for in article 87 of this interpretation.

Article 89:Power of attorney submitted by parties to the people's court shall be sent to the people's court before in-court proceedings begin. Where the power of attorney only states "full agency" without specific authorization, the agent ad litem does not have the right to admit, waive, or modify the litigation claim, settle the claim, file a counterclaim, or file an appeal on behalf of the agent.

In cases applying the simplified procedures, where both parties appear in court at the same time and hold in-court proceedings, an agent ad litem may be orally retained on the spot, and the people's court is to record it in the record. (To be continued.) )

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