評論
打印
"Article 55 Where the object of action is of the same category and the persons comprising one of the parties is large but uncertain in number at the commencement of the action, the people's court may issue a public notice, stating the particulars and claims of the case and informing those entitled to participate in the action to register their rights with the people's court within a fixed period of time."
第五十五條 訴訟標的是同一種類、當事人一方人數眾多在起訴時人數尚未確定的，人民法院可以發出公告，說明案件情況和訴訟請求，通知權利人在一定期間向人民法院登記。
Those who have registered their rights with the people's court may elect representatives from among themselves to proceed with the litigation;
向人民法院登記的權利人可以推選代表人進行訴訟；
"if the election fails its purpose, such representatives may be determined by the people's court through consultation with those who have registered their rights with the court."
推選不出代表人的，人民法院可以與參加登記的權利人商定代表人。
"The acts of such representative in the litigation shall be valid for the party they represent; however, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent."
代表人的訴訟行為對其所代表的當事人發生效力，但代表人變更、放棄訴訟請求或者承認對方當事人的訴訟請求，進行和解，必須經被代表的當事人同意。
The judgments or written orders rendered by the people's court shall be valid for all those who have registered their rights with the court.
人民法院作出的判決、裁定，對參加登記的全體權利人發生效力。
Such judgments or written orders shall apply to those who have not registered their rights but have instituted legal proceedings during period of limitation of the action.
未參加登記的權利人在訴訟時效期間提起訴訟的，適用該判決、裁定。
"Article 56 If a third party considers that he has an independent claim to the object of action of both parties, he shall have the right to bring an action."
第五十六條 對當事人雙方的訴訟標的，第三人認為有獨立請求權的，有權提起訴訟。
"Where the outcome of the case will affect a third party's legal interest, such party, though having no independent claim to the object of action of both parties, may file a request to participate in the proceedings or the people's court shall notify the third party to participate. "
對當事人雙方的訴訟標的，第三人雖然沒有獨立請求權，但案件處理結果同他有法律上的利害關系的，可以申請參加訴訟，或者由人民法院通知他參加訴訟。
A third party that is to bear civil liability in accordance with the judgment of the people's court shall be entitled to the rights and obligations of a party in litigation.
人民法院判決承擔民事責任的第三人，有當事人的訴訟權利義務。
