Research On Preliminary Combination Of Litigation

Prepare merge v. refers to legal relations based on the same facts same the plaintiff to thedefendant filed two mutually exclusive request, considering the first lawsuit based on thetarget of the request may be losing judgment, at the same time put forward based on thesecond case mark for a request, for the Lord a request by losing judgment, can have a requestfor support.First appeared in the early20th century Germany about prepare the judicial precedent ofthe litigation of merger, sprung up many scholars published monograph to prepare mergetheory research and practice discussion, Japan and China’s Taiwan, many scholars haveconducted in-depth research on this system. Initial preparation merge v., and failed to getscholars certainly, experienced a long process negative reasons are held by the formerscholars have received instructions, most scholars have accepted the preliminary proceedingthe legitimacy of the merger. But the scholars of different countries based on the theory ofdifferent lawsuits to prepare combined suit of definition, the main problem such as for ajudgment of the relationship between the request and have different understanding, and failedto get a unified understanding. Prepare combined suit is able to get the favour of Germany,Japan and Taiwan area in our country, the reason is that the system can not only make theprogram option to get, and it also can improve the efficiency of lawsuit and maintain judicialjudgment of the same. Through the discussion of this article, introduce the basic content ofprepare consolidated suit system, analysis the controversial problem, and provide referencefor our country to introduce this system. Full-text is divided into three parts except prefaceand conclusion:The first part, overview of v. the origin, definition and the surrounding the concept of thedifference, the comparative analysis of different concepts, clear the relationship between themaster for a request. The second part, analysis the legitimacy of the suit, litigation subject prepare merge thetheory of the effect of v and a usual case whether apply to prepare a merger.The third part,prepare consolidated suit system is proposed, should solve the practicalproblems.