"The Supreme People's Court on the application of the" PRC Civil Procedure Law "certain opinions" provisions of article fifty-fourth, in a lawsuit of inheritance, part of inheritors file the lawsuit, the people's court shall notify the other heirs to participate in the litigation as a co plaintiff; be notified no heirs willing to participate in litigation but not expressly waived substantive rights, the people's court shall still take it as a co plaintiff.    

   In some cases dealt with according to this provision, often encounter some problems difficult to solve.

   Case: the decedent three died in December 12, 2003, the statutory successors first in order of their parents, with Zhang Sanfeng Li Siqi, the spouse of King Wen, the 6 year old daughter Zhang xiao. Three the heritage of all by his spouse, Wang Wen, master control. Zhang San's father, mother and their spouses for allocation of heritage disputes, Zhang San's parents will only their spouses as the accused the prosecution to the court, the court in the trial process, in accordance with the provisions of the civil procedure law "on" fifty-fourth will Zhang San's teenage daughter Zhang Xiao to participate in the proceedings as co plaintiffs additional. This approach at least will cause the following problems.

   (a) the confusion caused by. "PRC Civil Procedure Law" and "civil procedure law fifty-seventh opinions on the application of" sixty-seventh regulations, no civil capacity or a person with no legal capacity by his guardians as statutory agents for litigation. Specific to the case, the minor Zhang Xiao as a plaintiff, by the guardian - mother Wang Wen as a statutory agent action, that is to say the King Wen is the defendant in the case, it is the plaintiff in the case of Zhang Xiao's legal representative. Typically, 6 year old juvenile rarely appear in court, which makes the King Wen is in fact a defendant in this case, it is the case, the parties caused confusion, affect the proceedings.

   (two) the agent causing agents. The defendant Wang Wen as the teenage daughter Zhang Xiao's guardians have the right to decide whether to employ agents. Invites agent condition, in order to save the cost of litigation, she usually can only entrust an agent, the agent itself not only, also the daughter Zhang Xiao lawsuit, not commissioned two agents are agents of its own and its daughter. This caused an agent in the same case both plaintiff and defendant agent, agent, agent that both sides, this is not allowed by the laws of china.

   (three) the increase of litigation burden. According to the above analysis, in order to avoid the occurrence of both principal and agent, Wang Wen only then hired an agent, the agent itself respectively and daughter litigation, will undoubtedly increase the litigation burden.

   The author believes that, in the case of inheritance, the parties can show the inheritance relationship, and the decedent did not give up the right of inheritance and the inheritance is not over aging, it is listed as the plaintiff or the defendant, do not affect the shall share of inheritance, just different names. The other successors did not participate in the litigation shall be plaintiff or defendant, should according to the relationship between the plaintiff and defendant, and decide, should not be added as a co plaintiff.

   In this case, as no capacity for civil conduct of Zhang Xiao, its property right and personal right by the guardian (in this case the defendant Wang Wen) on behalf of the exercise. Specific to the case, Zhang Xiao, by his father heritage right from Wang Wendai to exercise, and heritage, Master Wang Wen actual control in the hands of the king, Wen will not damage the legitimate rights and interests of the Zhang Xiao case, Zhang Xiao and his guardian shall be listed as the defendant as well, not only can solve it when the confusion, and to solve a series of problems such as the agent. If, there is evidence that the King Wen are damaging the legitimate rights and interests of the case of Zhang Xiao, Zhang Xiaode and agent ad litem guardians can be replaced by the statutory procedures. After the replacement, Wang Wen is not Zhang Xiao's guardian and the legal agent, Zhang Xiaoke by the new guardians and legal representative in litigation or hire an agent in litigation, such a situation, the Zhang Xiao and other not to participate in the litigation's successor as co plaintiffs, to participate in the proceedings.

   Whether the court has the authority additional defendants, this is in our criminal procedural law theory problems. In the face of need the power of courts to additional defendants, should first consider the parties apply for additional. (reprinted from China court)