On Perfection Of System Of Necessary Joint Action

Necessary joint action is a hot topic of Civil Action research, also a difficult problem. There are many problems of the system and practice of necessary joint action in our country. In recent years, the academic discourse more and more on necessary joint action, but most viewpoints are not highly innovative, some of which point there was an error. This article compares the emphasis on the analysis of the causes of necessary joint action, and based on it, a new type necessary joint action should be established based on substantive law such as Necessary joint action of joint distribution of rights, which is the innovation of this article. This article is divided into four chapters:Chapter one is about the introduction and discussion on the conception of necessary joint action, also the origin of necessary joint action and the difference between two types of necessary joint action.Chapter two is the introduction, comparison and analysis of necessary joint action in Germany and Japan, and differences of the scope and causes between these countries. And the merger litigation of USA is mentioned.Chapter three is about status and problems of system and practice of necessary joint action in China.Chapter four is the dissertation of the reconstruction of necessary joint action. The article discusses the theoretical issues about primary problem of reconstruct necessary joint action first, then presents some ideas about setting types of necessary joint action and development of procedural rules.