Research On Objective And Preliminary Joinder

As an issue of long-term discussion and controversy in the traditional continental law countries,the objective preparatory consolidation of litigation has many positive functions,such as preventing conflicts,judging disputes and resolving disputes between the parties at one time.At present,objective preliminary combination action research on continental law countries and regions in the mainstream,such as Germany,Japan and Taiwan of China,has achieved considerable development and progress,these countries and regions are in different degrees of action with objective in the legislation to be determined,and the case.In the practice of objective preliminary combination for the rationality has been confirmed in the judicial practice with practical action to prove the objective preliminary combination of litigation is to accept something in the judicial field.Even in the United Kingdom and the United States as the representative of the Anglo American countries in recent years,with the provisions of the litigation in legislation has a slight improvement,the shortcomings about the merger provisions of the legal provisions on the number of different.In contrast,the objective development of the objective merger in mainland China,whether in academic or legislative and judicial fields,has not reached a satisfactory stage so far.In the academic field,Chinese scholars to study and discuss this issue is far from the countries and regions of the several mainstream civil law degree;in legislation,the objective is a lack of amalgamated action in the relevant legislation in our country,not to mention the objective preliminary combination of litigation;in the field of judicial practice,the majority of the judge has a tendency to deal only with a lawsuit in a procedure,for may make the case more complicated,thus affecting the efficiency of the lawsuit concluded with the objective,the performance appraisal is applicable for practical reasons,often is not clear grounds to exclude the objective with litigation lawsuit.The above three aspects exist together,and there are many restrictions on the development of China's objective preparation and merger theory.This is the problem currently facing the objective merger action based on from concept to practice,from theory to reality,in order to establish in China objective preliminary combination system of the problem analysis,is divided into five parts to launch the discussion on this issue.More specifically,the first chapter "the lawsuit objective preliminary combination Overview" is a concept,the objective preliminary combination characteristics,the type of basis for different countries and scholars point of view,these basic elements are presented.The second chapter,"the objective of the case,the preparation of the merger of the extraterritorial comparative law",is the line of sight to the mainstream of the two major law countries,elaborate and explore these countries on the objective of the merger of the provisions of the case.The third chapter "the civil law on litigation objective preliminary combination theory controversy" is currently in the continental law system countries,according to several objective preliminary combination of controversy was the most intense discussion of major issues,through the collision point of view of different countries and scholars,the formation of personal views about the objective preliminary combination.The fourth chapter is "objective preliminary combination of litigation" in China is projected back to the sight of our internal chapter,through the analysis of the objective preliminary combination encountered in the practice of China's barriers,summarizes our country set the problem of this system need to be solved urgently.The fifth chapter,"the introspection and perfection of the objective preparation and merger of China's litigation",is based on the questions mentioned earlier,and puts forward the corresponding solutions to these problems.