The Research Of Preliminary Combination Of Litigation In The Field Of Civil Litigation

The research of Preliminary combination of litigation in the field of civil litigation in our country is not very wide. Some civil law researchers regard that as just a theoretical problem, based on the fact that its operability in the judicial practice in our country at present stage is not strong. As a result, the relevant discussion is far from enough. Nevertheless, the Preliminary combination of litigation has been the focus of study in Germany, Japan and Taiwan for a long time, and some in-depth theoretical study and practical exploration have been carried out. This owes much to the influence of the Preliminary combination of litigation and its great significance. Theoretically speaking, the Preliminary combination of litigation is in accord with the inner spirit of the civil procedure law and the basic principles, because litigation subject or a litigious merger can fully embody the punishment principle of civil action and the procedure option of the parties. From the perspective of judicial practice, Preliminary combination of litigation can be classified as the problem of joint action and solved in the civil lawsuit. On the other hand, the Preliminary combination of litigation is conducive to the fully indemnity of clients" substantive and procedural rights. Consequently, it plays an active role in improving the efficiency, preventing the judge conflicts, as well as protecting the unification of judicial judgment.Considering the civil lawsuit of the Preliminary combination of litigation and the continuous reform in the field of civil litigation, this paper probes into the basic elements of the Preliminary combination of litigation, discusses the study of its definition and nature, and combines prepare suit in the civil lawsuit litigant merger analysis. What can be drawn is that this part of the subjective preliminary combination of litigation and objective preliminary combination of litigation and the relationship between the joint action of merger already exists. Based on that, it expounds the important relationships about the Preliminary combination of litigation between the usual problem and merger of litigation right theory. What is more, under the structure of the skopos theory of civil action, the subjective preliminary combination of litigation and objective preliminary combination of litigation is further explained. Moreover, the jurisdiction and the appeal are the controversial issues which need to be solved in the Preliminary combination of litigation. This thesis is intended to shed new light on the prepare merger on our country's Preliminary combination of litigation.