On The Jurisdiction Of Consolidation Of Actions

As an important system in the consolidation of actions, jurisdiction has been prescribed by main modern legal states in legislation of civil procedure. Our country’s legislation of the jurisdiction of consolidation of actions is far from standard rule system, the necessity and urgency to the jurisdiction of consolidation of actions has been demonstrated by numerous problems and the immediate needs of the judicial practice. Basic on the analysis of the rule of jurisdiction of consolidation of actions, this article give a adopted program for our country, with a view to give a benefit to the reform and consummation of the system of consolidation of actions of our country.Except for the introduction and conclusion, this article has five major parts.First part is on the general inspection of the jurisdiction of consolidation of actions of our country. In legislative performance, there is no detailed provision with the jurisdiction of consolidation of actions. In academic study, the jurisdiction of consolidation of actions has been rarely researched in some details. In judicial practice, there is far from erected a general and accepted standards and the supervisor on the judges.The second part defined the general models of the jurisdiction of consolidation of actions. The value of consolidation and jurisdiction has some aspects in common and some aspects in conflict. With the idea of balance to protect the jurisdictional interest of the party and improve the application rate of consolidation of actions, foreign countries developed four kind of rules to this problem, and these can be categorized into two models.The third part is the analysis of "jurisdiction dominant model". This model contains "intersection rule" and "intersection besides total rule". The characteristic of this model is the court get the jurisdiction of the consolidation of actions if it has jurisdiction of every action. This model prefer the interest of jurisdiction of party, may have some barrier to the consolidation of actions.The forth part is the analysis of "consolidation dominant model". This model contains "complement rule" and "union rule". The characteristic of this model is the court get the jurisdiction of the consolidation of actions if it has jurisdiction of some certain actions. This model prefer the application of consolidation of actions, may have some harm to the interest of jurisdiction of party.The last part is the suggestion program of the jurisdiction of consolidation of actions. The proposal of the jurisdiction system of consolidation of actions should be get with the background of our country, the "jurisdiction dominant model" should be erected to be the basic model, and for some exception to utilize "consolidation dominant model". The reform of irrelevant system of civil procedure is also needed.