法律英语:中华人民共和国民事诉讼法10
日期:2016-06-15 09:43

(单词翻译:单击)

"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."

第五十五条 诉讼标的是同一种类、当事人一方人数众多在起诉时人数尚未确定的,人民法院可以发出公告,说明案件情况和诉讼请求,通知权利人在一定期间向人民法院登记。

Those who have registered their rights with the people's court may elect representatives from among themselves to proceed with the litigation;

向人民法院登记的权利人可以推选代表人进行诉讼;

"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."

推选不出代表人的,人民法院可以与参加登记的权利人商定代表人。

"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."

代表人的诉讼行为对其所代表的当事人发生效力,但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求,进行和解,必须经被代表的当事人同意。

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.

人民法院作出的判决、裁定,对参加登记的全体权利人发生效力。

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.

未参加登记的权利人在诉讼时效期间提起诉讼的,适用该判决、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."

第五十六条 对当事人双方的诉讼标的,第三人认为有独立请求权的,有权提起诉讼。

"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. "

对当事人双方的诉讼标的,第三人虽然没有独立请求权,但案件处理结果同他有法律上的利害关系的,可以申请参加诉讼,或者由人民法院通知他参加诉讼。

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.

人民法院判决承担民事责任的第三人,有当事人的诉讼权利义务。

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