Study On Complusory Joinder Of Civil Action

Many problems exist in the using of system of joinder of action in our country’ CivilJustice, the root causes of this phenomenon is that all the legislative provisions about thesystem in country’ Civil Procedure Law are arbitrary. The setting up of compulsory joinderof action is precisely to overcome the defects of the arbitrary jionder of action, while thissystem is always be treated as one type of academic discussion and hasn’t been formed acomplete system, not mention to be established in the legislation. Therefore, this article, inorder to promote the consummation of legislation and the standardization of judicial practice,would reconstruct the theoretical basis of compulsory joinder of action and put forward theconcrete system. The article included four parts:The fist chapter is to analyze the status quo of our country’s system of joinder of actionand its problems. It reviewed the judicial status of the joinder of action from three aspects,which includes the cases of judicial practice, the legislative regulations and the status ofacademic research, and summarized the flaws of the system, and then made an analysis onthe causes of these problems, and rose out the research theme finally.The second chapter researched the basis concepts of compulsory jionder of action andestablishesd the theoretical basis for this system by defining its connotation reasonably. Themain contents of this article comprise the definitions, the specific connotations and thecharacteristics, as well as the difference between the compulsory joinder of action and othersimilar concepts.The third chapter discussed the theoretical basis of the establishing of the compulsoryof joinder of action. In order to prove the fact that the establishing of compulsory of joinderhas substantial theoretical basis, this article makes one clarification which comprises thevalue of compulsory joinder of action, the legislative feasibility as well as the research andthe reference of the American’s compulsory joinder of claims in detail.The fourth chapter is about the institution of the system of compulsory joinder of action,its contents includes three aspects. The first are the conditions and the range of theapplication of the system, the second are the procedure rules of the system, the third are theconflict and fusion between the compulsory joinder of action and other related systems.