Research On Objective Combination Of Litigation

As a kind of Objective Combination of Litigation, Objective Preliminary Combination of Litigation is applied and recognized by more and more practical communities and academic communities gradually in other countries and regions, which is first proposed by Germany scholars. However, there are great differences about the definition and the trial procedure of the Objective Preliminary Combination of Litigation among the academic and practical circles. On account of the lack of the relevant provisions of our laws, the Courts hold different views of the Objective Preliminary Combination of Litigation which is filed by the parties. With the research method of connection between theory and practice, and basing on the legal structure of Objective Preliminary Combination of Litigation and analyzing the disputes of the definition and trial procedure of Objective Preliminary Combination of Litigation in practice legally, this article comes to a conclusion that the Objective Preliminary Combination of Litigation not only have the legitimacy, but also can be applied in the judicial practice of our country.Through the analysis on the case which quotes to this article, the author thinks that if the condition of the Objective Preliminary Combination of Litigation is satisfied, the court should accept and hear the case. In the process of the trial, the judge should interpret to the parties, who can file a posterior litigation in the same court proceedings when the fact determined by judge is different from that claimed by the parties.Based on the relevant case in judicatory practice, this paper analyzes legality and legal structure of Objective Preliminary Combination of Litigation in detail. At the same time, it uses advanced experience of the other countries (regions) and Taiwan for reference, giving some advice to develop judicial proceedings of Objective Preliminary Combination of Litigation in law as well as judicatory practice. In addition to the introduction and conclusion, the body consists of four parts. First, ithas a brief introduction to the case and summarizes that people in judicatory practice and educational circles hold different opinions on the case. Second, this paper has a legal analysis on relevant theory of this litigation, which involves the outline, legality as well as hearing procedure. Third, this paper has a legal analysis on the main disputes and disagreements in the case and comes to a conclusion. Last, in existing system of civil procedure in our country, this paper puts forward some legislative suggestions to improve relevant legal rules, define some items as well as establish supporting stipulation so that Objective Preliminary Combination of Litigation can be perfect.