Study On The Necessary Joint Action System In China

As an important part of China’s civil procedure theory, the necessary joint action system frequently shows up in the judicial practice in our country. However, China’s necessary joint action system in the aspect of legislation is less than perfect, because it only stipulates the inherent necessary joint action, in which the parties must participate together sharing the same object of action, but inadvertently omits two litigation types. One is the similar necessary joint action existing in the judicial practice, in which the parties sharing the same object of action but need not sue or be sued together; the other one is the necessary joint action of the implicated relation, in which the objects of action are not the same or belong to the same kind, but the parties must be judged together. The loss of these two types of litigation, not only adds a lot of unnecessary litigation exhaustion to the parties, but also leads to the disconnection between the theory and practice of the necessary joint action system in our country. In order to resolve this difficulty, China should additionally set up two types of litigation, the similar necessary joint action and the necessary joint action of the implicated relation.This paper is divided into three parts, and the author will expound it from the following three aspects, "the introduction and evaluation of the theory of necessary joint action system," "the analysis of the present situation of the necessary joint action system in China," and "the perfection of China’s necessary joint action system"The first part describes the concept, historical evolution, characteristics and value of necessary joint action system, introduces necessary joint action system from the macro perspective, and finds out what exactly the system is.The second part is the analysis of the present situation of the necessary joint action system in China, which is discussed specifically in the two aspects of legislation and the judicial practice. At the same time, it respectively expounds the legislative deficiencies in the system and the problems existing in the judicial practice, and explains why China’s necessary joint action system is imperfect.The third part puts forward several suggestions from three specific aspects for ways of perfecting China’s necessary joint action system, so as to solve the problem of the perfection of the system.