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Research On Preliminary Combination Of Litigation

Posted on:2012-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:X PuFull Text:PDF
GTID:2216330338953965Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The proverbs of law saying "No remedies, no rights. The rights which can be timely relief is complete and guaranteed in procedure. With the development of society, the economic communication more frequently and disputes increase, too. Concurrence of claim cases are large presence. In judicial limited resources, how to be through the proper procedures for the parties to the right to receive timely relief, become the civil procedure law problems needed to resolve. Preliminary Combination of Litigation is the optimal way to solve this problem. It is to point to, the plaintiff who based on the facts unknown or not, the burden to the court to prosecute and put forward two or more contradictory claims. Request the court according to its designated sequence of multiple requests in lawsuit. It has managing litigation cost, safeguarding the referee unity, realizing entity justice, protecting the disciplinary right of the litigation function. Therefore, it is necessary for the parties to provide a useful way, make its multiple concurrence of claims will be through proper channel into the program.From the above considerations, comprehensive considerations foreign theoretical circles on the Preliminary Combination of Litigation research, the author using comparative analysis and theoretical analysis method to prepare merge the litigant connotation, function, classification, and other basic theory to study, and in combination with the civil procedure law of the Combination of Litigation of rules and regulations of our country, prepare the trial of consolidation sues put forward some ideas. This paper is divided into four parts, First, is combined with foreign scholars related theory, to Preliminary Combination of Litigation to define, and its with adjacent to make its connotation conception more clear. Secondly, to Preliminary Combination of Litigation classification, further clarify its extension. Again, clear Preliminary Combination of Litigation of the Object of Litigation should be adopted for the study of the theory, Preliminary Combination of Litigation lay a theoretical basis. Finally, to Preliminary Combination of Litigation pending issues may be summed up. With sufficient analysis based on overseas study about Preliminary Combination of Litigation and the achievement by Chinese scholars, I make a general discuss for the basic theory on Preliminary Combination of Litigation. It takes a length of an article to discuss the basic theory on Preliminary Combination of Litigation. And this makes a theoretical foundation for further research on Preliminary Combination of Litigation.
Keywords/Search Tags:Preliminary Combination of Litigation, Subjective Preliminary, Combination of Litigation, Objective Preliminary, Combination of Litigation, Object of Litigation
PDF Full Text Request
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