The Research Of Subjective-Preparatively Incorporative Litigation

As a form of objective merger appeals, subjective-preparatively incorporative litigation in Germany and Japan has a quite jurisprudence long-term exploration, formed a relatively complete theoretical system and practice. However, in our legal system, on the one hand, the theoretical appeal of the merger is not unified, and the applicable rules are too simple and low-light, on the other hand the lack of subjective-preparatively incorporative litigation exploration of the complaint. The direct consequence is the practice of judicial application of nowhere, and multiple factors together led to a complaint objectively preliminary merger prospects bleak situation. In the transition period of China, the application of law is showing a trend of diversification, establishing subjective-preparatively incorporative litigation is not only regard as an objective to further improve the system of civil procedure law, but also the way to provide the necessary legal support for the rule of law in China’s modernization construction. Existing academic achievements analysis, comparing the differences between the theories to construct objective in line with our legal tradition preliminary consolidated appeals system is not only necessary but also possible.In using the "Ask a question- analysis of the problem- to solve the problem" big structural basis, Discussion In this article of the subjective-preparatively incorporative litigation is divided into five parts:The first part is the introduction, mainly introduces the subjective-preparatively incorporative litigation in research status and academic status generally, and from the perspective of the theory and practice indicate significance; the second part is the basic theory of subjective preparatively incorporative litigation, by analyzing its characteristics, conditions and significance, Now that the results achieved in the current briefly summarized; the third part is the subjective-preparatively incorporative litigation obstacle factors in our analysis, The author tried to explain the existence of the corresponding question one by one to give reasonable academic, specific application of law to create the conditions of the specific application; the fourth part is constituted and operating principle objective prepare consolidated lawsuit seeks to prepare complained complaints are discussed and, from global and local effects on the expected consolidation of the complaint objectively prepare appropriate plan; the fifth part objective prepare consolidated lawsuit trial system construction, which is transformed into practice the theoretical strength of the most critical part, is the focus of the entire contents of the article, you need to be divided into different situations given the appropriate system solutions; the last part is the conclusion, summary of the full text.