On The Mandatory Addition Of The Refusal Of The Joint Prosecution In The Necessary Joint Litigation

In the necessary joint action,in principle,for the refusal of participation in litigants,the defendant is not selective.In this way,the addition of co-defendants usually causes no problem.But when it happened on the plaintiff,because the necessary joint action on the part of the parties refuses to class action,plaintiff parties do not apply.Eventually,it is leading the prosecution to be dismissed.In judicial practice,for the plaintiff to reject the existence of joint prosecution,basing on the legislative provision,our courts look all the litigants as a whole litigation to meet the suitable standard about litigant.According to the application of the parties or the judge's authority,the court refuses to use the form of “a paper notice” to co-prosecutor as a common plaintiff.For the absence of any procedures to ensure mandatory addition,which can be described as a violation of the right of appeal of the joint prosecutor.“a paper notice” can be described to reject the filed a suit against.The approach of “one size fits all” also violates the principle of disposition and the concept of justice.Therefore,it is necessary to discuss the issue of compulsory joint refusal to co-prosecutors in the necessary joint action.The purpose of this article is to analyze the mandatory regulation of refusal of co-prosecutors for the plaintiff in the necessary joint action,which bases on the cross analysis of substantive and procedural law,and to analyze the judicial status quo of the plaintiff in the compulsory refusal to jointly prosecute.Based on the analysis of the major countries and regions of the two legal systems,the author puts forward some suggestions,which suits our country's specific situation.By reshaping the type of the necessary joint action in our country,the author tries to further clarify the boundaries of the plaintiff's suitability in the necessary joint action,and achieve the court by the authority to impose additional restrictions on the plaintiff.By doing so,the additional procedures can be improved,which can provide the solution to the problem and some reference in practice.Besides the introduction and conclusion,this paper is divided into four parts:First part is an overview of the system of the compulsory additional refusal to co-prosecutors in the necessary joint action.In this part,with the analysis of the meaning,it introduces the current situation and the plight of the compulsory additional refusal to co-prosecutors in the necessary joint action in China.To explore the theoretical value and practical operation of the system then analyzes the existing predicament of the system.The second part is about the extraterritorial investigation of the refusal to co-prosecutors in the necessary joint action.This part systematically and elaborates the main countries and regions of the two major legal systems.With the sight of the necessary common action in the existence of the refused to co-prosecutor's the relevant provisions and specific treatment methods,the analysis summarized a way to force the additional suit and a method to reduce the two different solutions.To solve to solve the relevant issues in our country,it provides some reference.The third part introduces the causes of the compulsory addition of the refusal to co-prosecutors in the necessary joint action.On the basis of the first part and the second part,this part analyzes the mechanism of the existing problems in our country and establishes the refusal of the necessary common action for co-prosecutors additional problem.The fourth part focuses on the improvement of the compulsory additional procedure in the joint action of the necessary joint action.This part mainly gives the introduction to the mandatory additional refusal to co-prosecutor system and the improvement of the system.First of all,by means of the two division of the necessary joint action,the similar necessary joint action is removed from the scope of compulsory additional prosecutes,and then limit the extension of the scope of the mandatory refusal of joint prosecution.Secondly,This paper makes further improvement on the process of compulsory additional prosecute,on the basis of the procedural guarantee for the refusal of the common prosecutor.So that it can achieve the balance of multi-procedure value.Finally,it explores the way to solve the problem about the system which is not beneficial to the plaintiff.