On The Legitimate Parties In The Dispute Of Recourse Right Of Negotiable Instrument

The trial of the dispute of right of recourse should be in accordance with the principles of literalness,appearance and efficiency,and it should be strictly limited to the subject of recourse right and its legal action,that is,in principle,the person who exercises the right of recourse and the defendant of right of recourse are the parties in the lawsuit.In other words,the former is the plaintiff,and the latter is the defendant.The so-called "the person who exercises the right of recourse" refers to whoever is entitled to the right of recourse according to law.They usually include the final bearer and the debtor of the negotiable instrument.The so-called "defendant of right of recourse" is the holder of bill who exercisesthe right of recourse against the obligor,including the drawer,endorser,guarantor and acceptor.In principle,the party involved in the right of recourse is the original defendant except the role of litigant on some occasions.Take business M & A and business failure for examples,the proper party in the former case is the subject after the merger and acquisition while the proper party in the latter case refers to the liquidation group.When the party of natural person is deceasedor declared missing,the estate manager and the property custodian should be listed as the proper party respectively.When the party in legal relationship turns to be the corporate legal branch withoutlegal personality,the branch should have an independent participation in the lawsuit.In specific cases,whether theories and judicial practices are qualified to the subject of dispute of recourse right is controversial,and it is related to theoretical differences,legal conflicts or legislative shortcomings in the litigation.This paper makes an analysis on a typical case of the dispute of recourse rightand probes into theissue of the proper parties in thedispute of recourse right,which will have some practical significance for the similar cases of bill litigation.This text consists of four parts.The study is as follows.The first part introduces the case and the focus of the dispute,briefing the "recourse cases inclusive of Peng’s complaint against Quan" and the trial process,and summing up the focus of dispute.The second part of the case of controversial issues involved in the legal analysis.The focus of the dispute in this case involves the identification of the proper parties,through combing and interpreting the role of determining the proper person and the standard ofdetermining the right person,to make the theoretical conclusion for the conclusion;The third part is the conclusion of the study.Through the refining of the foregoing theory,it integrates theory and case study to clarify the proper party of the dispute of recourse right,states that Peng and Quan are not proper parties in this lawsuit while the other defendants are proper parties,hence no need to additionally count Yangzhou Company as a joint litigant or a third party in this case;The fourth part reflects on the case analysis,identification and problem solving,and puts forward the criteria for identification of proper parties of dispute of recourse right andthe follow-up of supporting systems.