Research On The Action Of Interpleader In American Civil Procedure Law

The Interpleader Action is a traditional way of remedies in the Common Law System, with an essence of seeking for a final destination for such disputed properties through the court judges. As a form of existing action against the action system, the Interpleader Action has a long history and is being widely used in Civil Procedure Law of America. When compared with three types of traditional actions of the Continental Law System, this Action is not only a better way of solving disputes and avoiding multiple litigation, but also can fundamentally protect the right from damages. However, the Interpleader Action is totally new to China, and the internal Civil Procedure Law does not pay enough attention on it or even the usage of the action itself. Moreover, the legislation is not comprehensive and the thorough system also failed to be fully understood and play its due value and function. Therefore, in order to make up for ordinary litigation relief to the rights of related parties and in order to achieve disputes and the smooth resolution of disputes and litigation in the process of judicial justice, this paper choose to take a deep research on the legislation in America, and tries to find ways for China’s judicial status and realistic demand.Besides the introduction and conclusion part, this article can be divided into four chapters. Chapter I starts with the basic theory of civil actions, and makes a general investigation on the traditional division of civil actions, by which points out the dispute of the existing system. Chapter Ⅱ mainly expounds the basic contents of the system of the Interpleader Action in the America Civil Procedure Law. In this chapter this paper covers a wide rang of contents, including the litigant meaning, the litigant advantage, classification and so on, which tries to analyze the full institutional framework. Chapter III put the attention to two kinds of practices with detailed show with the operation process in the American lawsuit system. Chapter IV gives an total value judgment of the interpleader system of the USA, and makes a comparison of the basis China’s judicial status and realistic demand, with the purpose of the approach to promote pilot of China’s Interpleader Action system.However, the above exposition is only initial research on basic issues of the Interpleader Action in the America Civil Procedure Law. I hope this paper may cause more attention and discussion to the Interpleader Action in the American Civil Procedure Law in future among.