Research On Similar Necessary Action

Currently litigation model in our country is transforming from the Authoritism to the Adversary-orientation. But the Necessary Joint Action which is built on the base of Authoritism leads to serious confliction with the adversary system and disposition right of the party. Current Necessary Joint Action particularly emphasizes on participation of party and the supplementary of judge without distinguishing the specific circumstances. Sometimes it is even in violation of the basic principles of "prosecution shall not extend to the outside of the parties". Similar Necessary Joint Action allows a private right of the main independent implementation of the right in the proceedings, and pays attention to avoid the contradiction between the judgment of the court. In fact, it is an important point of balance in between the adversary system and judgment of the court. This thesis tries to analysis the theoretical basis of Similar Necessary Joint Action, points out the disadvantages of the existing Necessary Joint Action in our country and gets the conclusion that the Necessary Joint Action in our country dose not include the Similar Necessary Joint Action due to the absence of "Synergetic identification" and "subjective scope of judicate ".Finally the article gives shallow legislative proposals for building the Similar Necessary Joint Action in the law, and analyses some types which should apply to the Similar Necessary Joint Action based on the urgent need of some new case and hope provide some useful reference for the judicial practice.