The Need For Joint Action And Their Clients Fitness Theory And Practice Identified By The Grid

The system of joint action is one of the significant parts of the parties system. Because of the legislative and theoretical negligence, the system of joint action in our country is not satisfied at present. The paper carried out the research based on the two key issues, that is, the necessary joint action and the party qualification. By doing some relative studies , the paper is aimed to enrich the principal theory and own the practical imperatives. The paper is unfolded into five chapters:The first chapter simply defines the meanings of the necessary joint action and gives the comparison between the necessary joint action and the common joint action. It also reviews the present problem from the aspect of legislative and practical circle.The second chapter reviews the historical development of the necessary joint action in different family of law. By giving an comparison between the two families of law, the paper points out that the main difference exists in the theory of object of action and the Purpose of civil procedure. At the same time, they also share the same development tendency, that is, the easement of the qualification of parties.The third chapter summarizes the main issues existing in the course of reconstructing necessary joint action system, and analyzes the advantages and disadvantages. By making a further study, the paper tries to find the solution to direct judicial practice properly.The fourth chapter introduces the reconstruction program of the system of necessary joint action and the party qualification in detail. From the aspect of concept,type,economy,practice,source,relation, the paper pointes out the purpose of the joint action,the three types of the necessary joint action,the economic analysis of combination,the different factors between the judge and the parties and the understanding and flexibility of the regulation.The fifth chapter clarifies some ambiguous issues such as the difference between the third parties and the parties in the necessary joint action. Since being convinced of the inadequacy of the research on the system of joint action, the paper recognizes the transformation under certain conditions and gives the necessary means of relief.