Research On The Indispensable Joint Action Type

With the development of judicial reform in recent years, people's awareness of pursuing rights has increasing, especially in mutual-party litigation. How to make the mutual-party's dispute be settled under a convenient, economical and fair proceeding is a focus subject in current academia. Among them, joint action's effect of resolving mutual-party's issue could not bring into its full play, which is relevant with the non-precision of the specified by the legislation and insufficient study of theory. As the indispensable joint action system involves adding parties, safeguarding procedure and other important issues, it cannot resolve the problems in practice, which makes the practice encounter awkwardness in the conflict between vague litigation and theory. In this paper, the author has done the research on the indispensible joint action type, focused on the basic theory of this system and analyzed the cases with the basic theory in order to make a classification on the cases and enhance the judicial efficiency on condition of safeguarding the procedural justice.The introduction will generalize the theoretical and practical meaning of this study, make a statement of the research foundation, research achievements in both domestic and overseas, and set on the problems that hoping to solve.The text will start with an overview of the indispensible joint action, compare it with relevant systems, and introduce the development of this system and the establishment of elements. The second section will give an analysis of the basic theory involved in the procedural law to lay the foundation of the classification of indispensible joint action such as subject matter of litigation, subjective incorporative litigation, the proper party in litigation, and extension of the effect of the subject scope of res judicata of civil judgment.The third section will do the comparative research, including the concept, development and the effect of the litigation, precedent and theory in two legal systems, which could distinguish the classification of indispensible joint action, analyze both its reasons and the operation in different countries, especially in finding the differences in our country at present stage.The fourth section is a combination of legislation analysis and empirical analysis. The method of this section is to set the basic position of the classification of indispensible joint action according to comparing the legislation, judicial interpretation and the relevant practical problems.The fifth section contains the basic structure of indispensible joint action type, which will make a conclusion of indispensible joint action type in abstract and specific areas, coordinate with the relevant procedural issues, and supply some legislative proposals.