On The Similar Necessary Joint Action

Some scholars in our country pointed out that the case of joint and several liabilities should be conducted as similar necessary joint action,and they believed that was one of important reasons we admitting the theory of the similar necessary action. But more and more foreign materials reflect that the case of joint and several liabilities is conducted as common joint action in Germany and Japan's litigation. In fact, these are many differences between our country's necessary joint action and necessary joint action in Germany and Japan. Scholars in our country didn't realize these big differences when they talk about admitting the theory of the similar necessary action. Therefore, they have many mistakes in elaborating the theory of the similar necessary action.Throuth analysis of foreign materials, I think the system of similar necessary joint action include following aspacts at least: fristly, the litigants have the right of prosecuting one by one ; secondly, there is an necessary joint action; thirdly, all the litigants in joint action should be judged at once; at end, the expansion of decision potency is also unavoidable for similar necessary joint action. We elaborate the applied range of similar necessary joint action according to the expansion of decision potency, and exepain why the case of joint and several liabilities is conducted as common joint action in Germany and Japan's litigation.The system of similar joint action can not be modeled directly by the clarification of our country's necessary joint action. These are also no urgency to admit the theory of similar necessary action in our country's litigation paractice. The theory of joint action in Germany and Japan indeed have adventage in coordinating procedural law and civil law. But that don't means we should adopt theirs's theory immediately. And there are great rooms to rearch this issue furtherly.