| 摘要: |
| 不成熟的纠纷不具有可诉性。债权人先起诉补充责任人的纠纷不成熟，不满足诉讼要件而诉不合法。补充责任纠纷成熟条件是法定诉讼要件，法院应当依职权审查，在诉讼任何阶段发现纠纷不成熟的应当裁定驳回起诉。追加直接责任人为共同被告的司法解释，是关于法院依职权审查纠纷成熟问题的规则，而不是依职权代替当事人行使先诉抗辩权规则。在起诉阶段，法院重点审查起诉被告选择顺序是否合法。这是实现补充责任人顺序利益的必然要求，也是先诉抗辩权的制度逻辑在诉讼程序上的体现。直接责任之诉与补充责任之诉合并构成牵连型共同诉讼，补充责任纠纷视为成熟。补充责任之诉属于未来给付之诉，法院要根据直接责任之诉的判断结论对补充责任作出概括性判决。直接责任人不能承担责任的事实和补充责任的具体数额需要在执行程序中最终确定。执行法院运用执行裁决权比照略式程序进行审查判断，发出执行命令。当事人对执行命令不服的，可以提出执行异议及执行异议之诉。 |
| 关键词: 补充责任 先诉抗辩权 纠纷成熟原则 可诉性 诉讼要件 |
| DOI： |
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| 基金项目:国家社会科学基金重大项目“民法典与民事诉讼法的协同实施研究”（项目编号： 22&ZD206） |
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| The Procedural Jurisprudence of Benefit of Discussion： Based on the Ripeness Doctrine Theory |
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Wu Yingzi
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| Abstract: |
| No ripeness no justiciability. The dispute of the creditor suing the supplementary responsible person first is immature, which is illegal to meet the requirements of the litigation. The ripe condition of the supplementary liability dispute is the legal litigation element, which the court shall examine according to its authority. If the dispute is found immature at any stage of the lawsuit, the court shall rule to reject the lawsuit. The judicial interpretation that the additional directly responsible person as the co-defendant is the rule on the ripeness examination of the authority, rather than the rule of the benefit of discussion exercised by the authority. In the prosecution stage, the court focuses on examining whether the selection order of the accused is legal. This is the inevitable requirement to realize the sequential interests of the supplementary responsible person, and also the embodiment of the system logic of the benefit of discussion in the litigation procedure. The merger of the direct liability lawsuit and the supplementary liability lawsuit constitutes an implicated joint lawsuit, and the supplementary liability dispute is regarded as ripe. The lawsuit of supplementary liability belongs to the future payment sue, and the court should make a general judgment on the supplementary liability according to the judgment conclusion of the direct liability sue. The fact that the person directly responsible cannot be liable and the specific amount of the supplementary liability need to be finally determined in the execution procedure. The execution court may use the power of execution adjudication to review the judgment according to the summary procedure and issue the execution order. If the party is not satisfied with the execution order, it may file an objection to execution and a lawsuit objection to execution. |
| Key words: Supplementary Liability, Benefit of Discussion, Ripeness Doctrine, Justiciability, Litigation Elements |
