On The Perfection Of Our Common Litigation System

Common lawsuit is a sort of subjectively combination of issuing. Its meaning lies in simplifying the lawsuit procedure and saving time and expense to realize economical and fast lawsuit, and avoid people's court making contradictory judgments on the same case. At present, broadening the applied range of common lawsuit in our country has wide space. But it receives no enough emphasis on further improving common law suit system from both the field of theory and practice. This thesis elaborates on further improving our country's common lawsuit system.The thesis form the view of concept characteristic and clarification expounds common lawsuit system's basic characteristics, the division of the two kinds of common lawsuit and the substance and procedure basis of the clarification in great detail. Through analysis and comparison of the concepts of our country's common lawsuit system and the abroad common lawsuit system, it points out the theory defects and problems existing in practice, introduces substance basis of issuing common lawsuit and essential factors of the procedural law which affect the clarification of common lawsuit and expounds the necessary common lawsuit clarification and the meaning of our country admitting similar necessary common lawsuit. The thesis expounds the necessary common lawsuit clarification form the level of substance law, procedure law and practice, and puts forward the confronted problems. First, it is the problem of the evolution of law and affection of the lawsuit tradition. Second, it is the theory obstacle of realizing the right of action of the necessary common lawsuit people--- mistaken idea"common request right"and introduces lawsuit act's independence and relation of the common lawsuit people. Last, some assumptions are put forward on further improving our country's common lawsuit system: the clarification of necessary common lawsuit, in certain limit admitting the expansion of the existed judgment, broadening the applied range of common lawsuit, respecting the independence of common lawsuit people's legal position, improving judges'professional level and strengthening the judges'expounding right.