Parties refer to the complaining party and the accused party who request the People's Court to protect civil rights or protect legal relationships in their own names in civil litigation and are bound by the judgment of the People's Court. The parties are divided into narrow parties and broad parties. The narrow parties only include the plaintiff and the defendant. As far as the party structure of direct confrontation in litigation is concerned, the parties only include the plaintiff and the defendant.
Parties
Civil Litigation
Parties refer to disputes or dissatisfaction arising from civil rights and obligations, filing lawsuits in their own names, and subject to judgment or mediation by the people's court Book-bound people. However, in a few cases, according to special provisions of the law, a person who files a lawsuit regarding the rights and obligations of others can also become a party, such as an estate administrator, an executor, a bankruptcy estate administrator, etc.
Parties can be divided into broad and narrow senses: parties in the broad sense include plaintiffs and defendants, parties and litigation agents, third parties with independent claims, and litigation representatives; parties in the narrow sense specifically refer to plaintiffs and the defendant.
Criminal litigation
refers to litigation participants who have a direct stake in the final outcome of the case and have a greater impact on the criminal litigation process.
Legal definition
Party determination
Party determination refers to determining who are the parties to a specific litigation case.
According to the definition of entity interested parties, the parties must be determined either based on substantive law or based on the interested parties identified in the judgment. However, according to the concept of procedural parties, the parties should be determined at the beginning of the litigation. The status of the litigation subject should not depend on whether it is an actual interested party, and whether it becomes a party does not have to wait until the court hears the case. Therefore, the parties should be identified when the plaintiff files a lawsuit.
China’s Civil Procedure Law adopts different standards for the identification of plaintiffs and defendants. Specifically, it requires that the plaintiff be a "person with a direct interest in the case" and the defendant only be a "clear defendant."
Title
Civil litigation is a lawsuit between two parties with opposing interests. However, due to different trial levels and litigation procedures, the names of the parties in the litigation are not exactly the same. In the ordinary procedure and summary procedure of the first instance, they are called the plaintiff and the defendant; in the second instance procedure, they are called the appellant and the appellee, which include both the plaintiff and the defendant in the first instance, as well as third parties with independent claims and people's A third party who is judged to bear civil liability by a court but has no independent right to claim. In special proceedings, they are called applicants, debtors, etc. In the trial supervision procedure, those who apply the first-instance procedure are called the plaintiff in the original trial, the defendant in the original trial, and the third party in the original trial; those who apply the second-instance procedure are called the appellant in the original trial, the appellee in the original trial, and the third party in the original trial; in the execution procedure, they are called the application person, the respondent (or the person applying for execution, the person subject to execution).
Litigation rights of the parties
Litigation rights of the parties: my country's "Civil Procedure Law" stipulates that the parties enjoy full and extensive litigation rights, and the parties shall exercise their litigation rights equally. The main litigation rights of the parties are that both parties have the right to use their own language to litigate; in the lawsuit, the plaintiff has the right to sue and waive or change the claims and causes of action; the defendant has the right to the plaintiff's claims and causes of action. The right to full recognition, partial recognition, rebuttal and counterclaim; Both parties have the right to appoint agents to litigate; Both parties have the right to appoint agents to litigate; Both parties have the right to appoint agents to litigate; Both parties have the right to appoint agents to litigate. ; Both parties have the right to entrust an agent to litigate.
Both parties have the right to apply orally or in writing for the recusal of judges, clerks, translators, and appraisers; both parties have the right to present various evidence and clarify the facts and reasons that are favorable to their rights by presenting facts, reasoning, and debating. ; Both parties have the right to request the summons of witnesses, identification, and inspection; with the permission of the court, both parties have the right to ask questions to witnesses, appraisers, and investigators; with the permission of the People's Court, both parties have the right to request re-identification, investigation, or inspection ; Both parties have the right to apply for mediation to resolve disputes; both parties have the right to resolve disputes on their own; if one or both parties believe that the court has omitted or made errors in their statements, both parties have the right to apply for corrections; both parties have the right to apply for litigation property Preservation and preservation of evidence; after the court debate, both parties have the right to submit final opinions in order of priority; with the permission of the People's Court, both parties have the right to access court trial materials; except for materials involving state secrets and personal privacy, both parties have the right to If you request copies of case materials and legal documents, you will be responsible for your own expenses. Legal documents; both parties have the right to appeal against judgments or rulings that have not yet taken legal effect; after the judgment or ruling takes effect, the party with the right to prevail has the right to apply for compulsory execution; for judgments, rulings or mediation documents that have taken effect, If both parties believe that there is indeed an error, they have the right to file an appeal or apply for a retrial.
Obligations
According to the provisions of the Civil Procedure Law, the litigation obligations of the parties include that the parties must strictly exercise their litigation rights in accordance with the provisions of national laws and are not allowed to abuse the rights granted by the law. , unreasonable litigation; the parties must state the facts of the case objectively and truthfully, explain the truth, and are not allowed to distort the true nature of the matter, fabricate facts, or falsify evidence; if the parties believe that there are errors in the judgments and mediation documents that have taken effect, they should be corrected. Both parties shall consciously fulfill the effective judgments, rulings and mediation documents; both parties shall strictly abide by the order of litigation, obey the unified command of the people's court, respect the litigation rights of the other party and other litigation participants, and ensure the uniform implementation of the law.