The Need For Common Litigation System To Build

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. Because of the only type of necessary joint action in China, parties right of action is blocked and the cost of action is increased. Then, it results in the gap between legislation and judicature, theory and practice. In order to adapt the legal practice and settle the disputes in one proceeding, the Civil Procedure Law should diversify the necessary joint action system. Besides the current necessary joint action system, two more systems, namely, analogical necessary joint action system and correlative necessary joint action system are proposed to be established.The text consists of four chapters:Chapter 1, the author summarizes the necessary joint action, spreading from conception, stating the characteristic: 1. the object of action among the parties is same; 2.the action is impartibility, the court must inquire together. At the same time, the author discusses the components and system of necessary joint action.Chapter 2, the author reviews the necessary joint action in Germany, Japan, Taiwan district and United States, introducing the classifying and the range of applying among those countries and districts.Chapter 3, the author puts forward the limitation of necessary joint action: 1. the configuration of necessary joint action is single; 2.the bound of related responsibility is unclear, leading to the imcompatibility between entity and procedure law; 3.the point of necessary joint action lays on the function of join action, despises the rights of parties. At one time, introducing the innovation proposition: 1 .introducing the inhere and analogy necessary joint action; 2.reconstructing the configuration of necessary joint action, forming three configuration—inhere, analogy, implication necessary joint action.Chapter 4, the author proposes the advices to innovate and perfect the system, 1.the urgent affair is to reconstruct the configuration of necessary joint action to distinguish inhere, analogy and implication necessary joint action; 2.innovating the superaddition system of parties in the necessary joint action, addressing the method of remedy of parties in the necessary joint action; 3.innovating the inner relationship among the parties—the procedure rule of necessary joint action; 4.confirming the status of the parties in the necessary joint action, thinking that the related debtor and impartibility guarantor belong to the category of analogy necessary joint action, the common debtor belongs to the category of inhere necessary joint action.