Research On The Litigation Of Common Property And Its Typology

In our country’s practice of civil lawsuit, all the litigations of common property are regarded as necessary joint actions, ignoring that there are different rights and obligations between the parties, violating the provisions of substantive law. In addition, there is only one single type of necessary joint action system in our country, so all the co-owners should take part in all the litigations of common property. On one hand, if some of the co-owners are forced to be the plaintiff or the defendant, the plaintiff’s right of prosecution will be infringed, the principle of the debate will be violated; On the other hand, when some co-owners are unwilling to bring the lawsuit or the plaintiff is unwilling to add other co-owners as the defendant, the case will be rejected, the rights of the existing parties cannot be relieved, this is contrary to the principle of judicial final settlement and justice. It is necessary to categorize the different joint action types of the litigations of common property on the basis of theoretical researchs on substantive law and the procedural law, distinguish different types of joint action, and protect the parties’ substantive rights and procedural rights.