Part Of The Civil Action Request

Part-lawsuit is a complex and controversial problem. In civil law countires like Germany and Japan, this problem has been widely studied and formed mature theories. From the domestic perspective, it has appeared in judicial practice but not attracted enough attention. Currently, only few of papers talked about Part-lawsuit and there are much of confusion in the judicial practice. Its complex is owing to its divers causes and types. This paper willing to find Part-lawsuit’s reality orientation in China and deal with the related affairs in the judicial practice.This article has four sections. Here is the abstract below.Part Ⅰ.The connotation of Part-lawsuitFirstly, there are many cases in judicial practice about Part-lawsuit but not established as a system in civil litigation. There is no relevant pertinent provisions, the court in the judicial practice while handling of the cases also have no corresponding criterion. Therefore, it leads to the necessity to explore the issue of Part-lawsuit. There are many close concepts like add claims, repeated prosecution and part of the judgement.we should realize the difference between these theories. Then the discussion continued with the causes of Part-lawsuit from subjective and objective ways. Then according to the different reasons, we can understand it corretly. Then we can start for the next step of research.Part Ⅱ. The causes and types of Part-lawsuitIn this section, we tried to research about the essence of Part-lawsuit.. It includes a brief introduction of the theories about the study on subject matter of civil action. Then deal with the key element and characteristics of civil action. Thus we made a conclusion that in Part-lawsuit, there are two different civil actions.Part Ⅲ. Analysis of the theories of Part-lawsuit and its legitimacyFirst focus on the theories where Part-lawsuit has been discussed deeply as well as the the domestic research achievements, analysis the advantage and disadvantage of these theories, then pointed out the legitimacy of Part-lawsuit and its availability in China. The standard should be based on "win+express" when establishing the system of Part-lawsuit.Part Ⅳ. The program to deal with Part-lawsuitIn this section, I tried to give some suggestions from the program to Part-lawsuit. Specific conditions should be claimed, also dealed with the Association system connects of Part-lawsuit.