论文部分内容阅读
文章认为,我国《民事诉讼法》第151条的规定过于宽泛,社会生活的复杂使得该条规定无法周延当事人死亡后的所有情况,应当结合具体情况探讨。若原告放弃的是参加诉讼的权利,则按撤诉处理,仍然可以另行起诉;若原告是通过放弃诉讼请求进而放弃实体权利,一旦确定,则可以视作当事人行使处分权,作出原告败诉的判决,并且一旦生效不得再行起诉。退一步讲,若仍按本条的规定终结诉讼,或者继承人后来出现,则应当恢复原诉讼程序,继续原有诉讼程序作出判决,彻底解决纠纷。
The article holds that the provisions of Article 151 of China’s Civil Procedure Law are too broad and the complicated social life makes all the circumstances after the death of the parties stipulated in this article unfinished should be explored on the basis of specific conditions. If the plaintiffs give up their right to participate in the litigation, they may still be sued separately according to the withdrawal of the litigation. If the plaintiff gives up the substantive right by abandoning the litigation request, once the determination is made, the plaintiff may, as the litigant, exercise the right of disposition and make a judgment of losing the plaintiff, And once the entry into force shall not be prosecuted. To take a step back, if the litigation still ends in accordance with the provisions of this Article or if the successor subsequently appears, the original litigation procedure should be resumed and the original litigation procedure should be ruled to resolve the dispute thoroughly.