Prepared V. A System

Preparatory litigation and reply system, called in the U.S " preparatory litigation and reply claim." The mainland law de-partment in accordance with our Taiwan region calls it "Preparatory merging litigation". Both the law departments' research objects are basically the same ,concering the problems raised by plainstiff on preparatory merging litigation, but the conclusion is different, haveing no research on rejoinder problems.The appealing court of Illinois state in the U.S illuminated the preparatory litigation and reply claim in Mccormik V kopmann case , The judge said : " There exsits contradiction between the two claims put forward by the plainstiff and that the contradiction can't acquire satisfaction at the same time doesn't mean that it can't be used as the fact claim to proceed rejoinder. If the plainstiff has the rights for compensatory, he can be judged by the evidence to acquire the relief in terms of a kind of fact in court, if it is analysed by abstract concept , the court denies one claim and supports the other preparatory litigation claim which are based on unknown fact or failing to offer evidence and putting forward two or more contradict litigation claims by the plainstiff.Scholars from Germany, Japan and Taiwan have done a lot of research on the mainland law, they think that preparatory merging litigation can be called order merging litigation or supposing merging litigation, the Germans think: preparatory merging litigation means that plainstiff asks for judging on the latter litigation in the same course of expecting that the former litigation is unreasonable. When plainstiff prosecutes, the former or the latter litigations relateeach other, If the former litigation wins and gets judged , the latter litigation and their relationship will vanish and can't be judged any longer, The Germans also think: It magbe has repeling relationship between them, the major scholars from Japan and Taiwan have the same opinion as Germans ,The difference is: they think there must exists repeling relationship between the former and the latter litigations, appealing court will take up the litigation without the limitation of its first trial whether the plainstiffs claim has been wholly tried on its first trial, its litigation relationship belong to appealing court.Changyi and lilong from our country have put forward that preparatory merging litigation refers to the suffering form the loss of litigation for the sake of the prevention of litigation for no reason.Putting forward at the same time more than two different litigation objects which are theoretically and completely in compatible, preparing for when the first litigation object has no reason, plainstiff can ask for the judgement on the second litigation object, The concept of litigation object is more accurate than litigation, claim or declare, but it is also important how to distinguish and solve the litigation object on the condition that there exists more litigation objects in the course of preparatory merging litigation , It think it maybe has one possibly supported state by using two division methods to identify the litigation object and using the litigation object view to solve several litigation objects' existence, namely in the course of several litigation objects, whether the requesting rights are the same or the facts and reason are in coincidence, only one of them can make the litigation object integrated. Under the situation of the litigation integration, the court can only support one of the litigation objects , the-standpointexplains the conclusion that only one of them can be supported among many preparatory merging litigations and the state of litigation object merge or integration merge.In practice, not only are there many preparatory merging litigation, but also lots of preparatory rejoinders, among which no research on the problem has been done. Preparatory rejoinder means that in first litigation defendant puts forward two or more self-contradict rejoinder reasons by aiming at the litigation object by plainstiff and asks...