On The Necessary Joint Action

Necessary joint action is a most important system in the civil procedure. The current necessary joint action system in the Civil Procedure Law of China is virtually based on the inherent necessary joint action system of Civil Law System, which requests the same object of action and individual members of the joint party prosecuting or defending at the same time. The single configuration of the necessary joint action severely lags behind the judicatory practice, and also does not adapt to the development of the substantive law.According to the legal regulations in our civil procedure laws, the litigations of the joint tort cases are treated as necessary joint actions. While the Tort Law of China which came into effect on the July 1st,2010 stipulates that the infringed has the right to choose which one to sue. And it also believes that the infringed has the right to claim part or the whole of the persons who have the joint liability for damages. The conflicts between the substantive law and the procedure law now in our country make the necessary joint action has severe inconsistency in the theory and the judicatory practice.This article analyzes the necessary joint actions which involved in the joint tort cases, and it also clarifies the shortcomings in the current system of our necessary joint action. In order to improve the necessary joint action in our country, this article also gives some advices about the reconstruction of necessary joint action. This article is divided into four chapters:Chapter one is about the introduction of the necessary joint action, includes the concept, the characteristics and the origin of the necessary joint action and the difference between the common joint action and the necessary joint action. At the same time, the author introduces the necessary joint action in China.Chapter two is the introduction of the rules about the joint tort cases in our legislation and how to deal with the joint tort litigations in the judicatory practice. And it also analyzes the necessary joint action which involved in the joint tort cases.Chapter three is about the status and problems of the necessary joint action in China, and the reformation propositions in the educational circles. Chapter four proposes the advices to innovate and perfect the system of the necessary joint action. It discusses how to reconstruct the necessary joint action and how to improve the procedural rules.