Legal analysis
The plaintiff's unique litigation rights are: compared with other participants in litigation, including the defendant and the third party, the plaintiff's unique litigation rights are: withdrawal of the lawsuit. Withdrawal of the lawsuit refers to the behavior of the plaintiff requesting withdrawal of the lawsuit after the people's court accepts the case and before the judgment is announced. The application for withdrawal refers to the plaintiff's written or oral request to the people's court to withdraw the lawsuit after filing a case with the court and before sentencing. According to the withdrawal of the lawsuit, that is, although the plaintiff did not apply for withdrawal of the lawsuit, some behavior in the lawsuit has indicated that he is unwilling to continue the civil lawsuit. Therefore, the court decided to cancel the act of not hearing in court according to law. Whether the parties apply for withdrawing the lawsuit or deal with it according to the withdrawal, it will have certain legal consequences. Right of action and right of action: There are close relations and differences between litigation and right of action. The right of action is the legal system of litigation, which determines the basic rights of litigants and is the basis of litigation rights, and the right of action is the concrete form of litigation rights. Because only those who have the right of appeal according to law can carry out specific litigation, and those who have no right of appeal are not qualified parties. If they can't file a lawsuit, they have no right to file a lawsuit. Even after the start of the lawsuit, the party who was replaced because of no right to appeal exercised part of his litigation rights, but his litigation behavior was invalid and his litigation rights were denied.
legal ground
Article 545 of the Civil Code of People's Republic of China (PRC) * * * Creditors may assign all or part of their creditor's rights to a third party, except in one of the following circumstances: (1) According to the nature of the creditor's rights, they may not assign them; (two) according to the agreement of the parties shall not be transferred; (3) It shall not be transferred according to law. If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party.