Third people attended the divorce litigation trial approach

General divorce cases is two people, third people to participate in the proceedings without precedent, but in such a case, Jiang Mou (male) and Li (female) of husband and wife, during the marriage, husband and wife together their resources to purchase building one, at the time of purchase and developers signed the contract the woman, is funded the building land, acceptance is the signed acceptance of, and there are a lot of notes the considerable contribution. In divorce proceedings, the man parents claim the property belonging to the family share in common, and in the proceedings as the third party to participate in the litigation. In the course of the proceedings after hearing the parents failed to produce evidence to support his claim, in the final trial produced a woman's signature "family contract no". The court of first instance on third people no cognizance of evidence, third people, not subject to appeal. This case has the following suggestions:
   A kind of opinion thinks: don't agree with third people to participate in the process of divorce cases, the reason is: the case of marriage is related to the relationship between identity, sometimes cases involving personal privacy, not a stranger to participate in litigation to resolve cases, if be third people to participate in the proceedings, is not conducive to the case. For Third People's property, the court may not be a divorce case processing, after processing, from third separate prosecution solution. Returned the reiterated.
 
   The two view: if the case is not a public hearing words, may permit the identities of third people take part in the trial is court hears a case of divorce the division of property part admits third people to participate in the proceedings, in order to identify the property, the property after the treatment, third people will be retired. If the divorce case in open court, all of the trial should be allowed third people to attend the case.
 
   The three view: the third party in civil lawsuit, refers to the others in litigation with independent claim, or having no independent claim, but with the outcome of the case has jural interests, and in others the ongoing litigation. Although the identity of marriage cases, but it belongs to the category of civil cases, and divorce case processing result is obviously interested in third, if the court is not clear the property belonging to all third people, and common or personal property shall be divided words, is bound to cause damage to the interests of third person, or find out third people and segmentation it doesn't matter is the protection of property, to the interests of the parties. If third people are charged in the verdict, and divorce cases has been in force, the legal document according to the law in force can be used as the basis for a final decision, it may damage the third person or the interests of the parties. As we all know, generally speaking, in the court when the divorce, in summing up the focus of controversy often is this: 1, feeling of husband and wife is broken; 2, there is no common property; 3, children. The common property involves how to partition problem in accordance with the law. If all the focus was two problems in 1,2, such court existed significant flaws, this decision is bound to harm the interests of the parties of litigation. Because third people divorce proceedings to the division of property is dealt with, may cause the case of conflicting results, then it is easy to cause miscarriage of justice, in order to prevent the emergence of this result, the court should allow third people in accordance with the "provisions of the Civil Procedure Law of the people's Republic of China" fifty-sixth to participate in the litigation, in order to find out the facts of the case, saving the lawsuit cost, and not due to achieve the purpose of divorce. But the law does not stipulate the divorce from third people to participate in the proceedings. The court of second instance, the case, should focus on the review of third people is in fact the legal meaning of third people, or a virtual third people, if is virtual should not be, and should be upheld, then. If only because there is third party in Litigation Retrial is a hasty suspicion.

   The four view: the emergence of this situation, should suspend the divorce proceedings, property disputes after third people with a party to the case after the divorce case, again. Should remand.
 
   I recognized the third view, as long as it is a civil case should abide by the relevant provisions of the "PRC Civil Procedure Law". A divorce case has its particularity, but also no exception.
 
   Situ Min

July 21, 2010