Construction Of Similar Necessary Joint Action In China

Joint action system of civil litigation is an important system, is the rapid economic development, accelerate the communication frequency between civil subjects and mutual influence deepened product. But our civil procedure legislation at the beginning, due to the lack of in-depth study, only the common procedure is divided into common action and necessary common lawsuit, and the necessary joint action without further subdivision. With the continuous development of the judicial practice, the system problems have become increasingly prominent; the system of single division does not meet all the needs of civil cases. In order to meet the needs of judicial practice of necessary joint action form diversification requirements, as far as possible so that the disputes can be solved once necessary joint action system, give full play to the function and the value, the article thinks, the Civil Procedure Law of our country should be necessary common lawsuit again fractionize, profits from the mainland legal system countries such as Germany, Japan for the necessary joint action system of classification, the introduction of a similar necessary joint action system, applied in judicial practice, to make up for our lack of necessary joint action system, alleviate the inadequacy to cause embarrassment to the court, cogent safeguard the rights of parties, reduce the court authority improper intervention has important significance. This paper is divided into three parts to similar necessary joint action systems are discussed. First the similar necessary joint action system are outlined, from similar necessary joint action system and the meaning, characteristics of the system are introduced, and comparison with the related system difference and the system has to which theory as a basis, we hope to the system in the article has a clearer description below, and do bedding; secondly, discussed our country to introduce similar necessary joint action system the necessity and the realistic foundation. The first part of necessary joint action system in our country undertakes an analysis, point out its deficiencies, which leads our country introduced similar necessary joint action system is necessary, and the legislation of our country about similar necessary joint action system prototype and foreign related to this system, as the introduction of the system in our country the realistic foundation; finally the paper put forward our country similar necessary joint action system construction proposal. In a similar necessary joint action scope as the breakthrough point, describes what types of cases can be applied to similar necessary joint action system, then the necessary joint action is more important issues, such as parties and midway, the additional participation in lawsuit co-litigants in litigation act and the court have the effect problems in the system is how to embody are described, hope that we can try to make similar necessary joint action system in China on the procedure law construction suggestion.