The Subjective Preliminary Merger Of Litigation

In our country,with the diversification of economy and society,the disputes between the parties are becoming more and more complicated.The increase in the number of disputes entering into justice and its complexity is undoubtedly a challenge to limited judicial resources.Will be implicated in the case of merging trial,not only can make a one-time dispute settlement,but also to prevent the emergence of contradictory referees.As one of the merged forms of litigation,the subjective prerequisites of the veto are used to adjudicate dissenting claims between different parties.It is in the main level of the first litigation and post-litigation to merge the trial of a special form of litigation,with litigation economy,to prevent litigation delay and other functions.There is a great controversy in the theoretical and practical circles of the legitimacy of the merger.The positive view is mainly from the kind of merger form its own function,that it has irreplaceable positive significance.The negative view is mainly in the merger,the defendant's litigation status is not stable,it is difficult to protect the referee uniformity.The scholar of positive attitude tries to refactor the subjective prerequisite merger theory to eliminate the malpractice of the theory itself,realize its own function,and play its role in resolving the dispute of the plaintiff or the defendant because of the fact that the facts are unknown and so on.In the current judicial practice,the frequency of such disputes is getting higher and higher,due to the lack of appropriate theoretical guidance,the trial officers in the case will take a different approach.Through the subjective preparatory merger of the v.,The subjective preparatory merger system,which suits the judicial situation of our country,constructs the trial behavior of the trial personnel,maintains the legitimate rights and interests of the parties,and realizes the litigation and litigation.This article removes the introduction and conclusion,is divided into five parts:The introductory part of the subjective preparatory merger of the current situation of the study,explain the purpose of the subjective preparatory merger of research,theoretical and practical significance and the innovation of this article.The first part summarizes the subjective preparatory merger of the v.,Including its connotation,classification,characteristics and nature,and points out that there is a difference between the subjective and the subjective merger of other forms of action.It is an independent and special joint action form.The second part deals with the choice of subjective preparatory merger.From the theoretical and practical aspects,through the elaboration of the views of different scholars and the practice of the court in different ways to sum up the subjective preparatory merger of litigation economy and other values exist in the traditional theory of decentralized position and other deficiencies.Through the value of the measured,certainly v.The subjective preparatory merger theory exists positive significance.The third part discusses the basic constitutive elements of the subjective preparatory merger theory,the operation in the first instance,the second instance procedure,the defendant's procedural guarantee and the parties concerned from the point of view of eliminating the insecure position of the defendant and ensuring the uniformity of the referee abandon the legal effect of litigation and other litigation,and perfect the subjective preparatory merger theory,make it better run in the trail process.The fourth part deals with the simultaneous litigation system of the Japanese application.The establishment of the system to solve the dispute provides a new direction,but its own existence of the main body,the object and other aspects of the limitations.By comparing with the system,it is pointed out that the subjective reserve theory of litigation still has the value of being independent and can not be replaced.The fifth part deals with the construction of the subjective preparatory merger system in our country.This paper points out the legal basis of constructing the system,and puts forward the simple suggestion of the system construction on the basis of the existing conditions of theoretical research,judicial practice and so on,as well as the perfection of existing relevant system and theory and practice experience in our country.Through the continuous revision of theory and the accumulation of experience in judicial practice,the subjective preparatory merger system of v.Is finally established in legislation.