Plaintiff refers to a person who brings a lawsuit to the people's court in his own name in order to safeguard his own civil rights and interests, thus causing a civil lawsuit. In administrative proceedings, citizens, legal persons and other organizations may bring administrative proceedings in the name of the plaintiff if they think that a specific administrative act has infringed upon their legitimate rights and interests. Due to the large number of civil litigation cases, the plaintiff in this article only refers to the plaintiff in civil litigation.
The capacity of litigation rights refers to the ability to enjoy civil litigation rights and undertake civil litigation obligations, that is, the qualification as a party, so it is also called the capacity of the party. If you have the ability to be a party, you can become a plaintiff. Citizens, legal persons and other organizations have the capacity of litigation rights and can participate in civil litigation as plaintiffs. A citizen's capacity for litigation rights begins at birth and ends at death. The litigation capacity of a legal person begins when it is established and ends when it is eliminated; The litigation rights of other organizations exist according to the special provisions of the law.
A natural person citizen with civil capacity may be the plaintiff. A citizen's capacity for civil conduct refers to his capacity to engage in civil activities, acquire civil rights and undertake civil obligations. When a person with no capacity for civil conduct or a person with limited capacity for civil conduct is the plaintiff, his legal representative shall exercise it on his behalf.
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Legal basis: According to Article 73 of the Civil Procedure Law of People's Republic of China (PRC), a witness shall testify in court after being notified by the people's court. Under any of the following circumstances, with the permission of the people's court, written testimony, audio-visual transmission technology or audio-visual materials may be used to testify: unable to appear in court due to health reasons; Unable to appear in court due to long distance and inconvenient transportation; Unable to appear in court due to force majeure such as natural disasters; Other legitimate reasons can not appear in court.
If the plaintiff does not appear in court, it can be dismissed; If the court does not allow the withdrawal of the lawsuit, it shall make a judgment by default. If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, the people's court may make a judgment by default according to the plaintiff's claim and the evidence materials submitted by both parties to the court.