Ordinary Joint Litigation

In resent years, with the deepen change of our society, various distributes emerge from the water and the number of civil cases continuously increase which makes unbearable workloads for courts. Sometimes the conclusion to a case is not so sound and the authority of justice face challenges. The status quo result from various reasons, among which many courts handled the cases which should or could be jointed separately is crucial. This way of dealing the cases caused the court repeat its work and increases the cost of the litigants or even enlarges the conflicts of them.Although the civil procedural law of china owns the rule of common joint action, it is too simple to apply and the civil procedural itself is not complicated enough to apply to the common joint action. Even the judge joint the cases, he or she may not find the applicable rules. This is also the main problem which causes the mess in the field of complicate action in china.The study of common joint action in china is so weak even blank in many issues so that it can not guide the civil practice. So the writer of this paper believes that it is helpful to study the common joint action and give advices on its procedurals.The introduction of this paper first analysis the practice of the common joint action and then raise the question this paper is going to study.The first chapter focuses on the basic theory of. The writer begins with the concept of the common joint action based on which to discuss the most common form of the common joint action and its value and basic character.The second chapter focuses on the history of the common joint action or the similar rules in some country or distance and the rule now using in the countries and district.The third chapter focuses on the independence and the joint elements of the common joint action and its divisions. In this part, the writer gives some comment on the practice of the common joint action in china.The forth chapter focuses on the proceeding of the common joint action. In this part, the writer also gives some advice on the proceeding.The fifth chapter focuses on analysis the ruling and practicing of the common joint action and gives some comment on it.