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离婚诉讼不存在第三人的问题似乎在民事诉讼的理论和实践中都已经成了定论,人民法院出版社新近出版的《中国民事诉讼教程》(新编本)关于“离婚案件中,涉及到其他家庭成员共有财产分割和解除子女收养关系的争议,应当另案处理,不存在第三人参加诉讼问题”的观点更是具有权威性的准司法解释性质的论述。然而,将这种离婚诉讼绝对不存在第三人参加诉讼的观点运用于司法实践,却遇到一些难以解决的或者人为地将诉讼复杂化的问题:
The problem of the absence of a third party in the divorce proceedings seems to have been pinpointed both in the theory and practice of civil litigation. Recently, the People’s Court Press published the “Guide to Civil Procedures in China” (the new version) on "divorce cases involving The argument that other family members share property disputes and dismiss their adoption relationship should be dealt with in separate cases and there is no third party participating in the litigation issue is even more authoritative and quasi-judicial explanation. However, this kind of divorce lawsuit absolutely does not exist the third person to participate in the litigation point of view applies to the judicial practice, but has encountered some unsolvable or artificially complicated litigation problems: