Analysis And Regulation Of "Separate Action" Judgment In Civil Lawsuit

The contradiction between the increasing number of civil cation,the limited judicial resources and the lagging judicial system led to judicial irregularities,more excessive justices,the judicial omission and the judicial corruption.This phenomenon,"separate action",is very common in judicial practice through some collection and induction,"separate action" refers to in the course of the trial,the judge finds that some claims does not belong to the legal relationship of the case,or some litigation claims and certain legal issues are not conclusive judgments.Expressed in the verdict and judgment part "separate action" or "separate handling",is for the criterion of judiciary,the process and efficiency of proceedings,but sometimes,it is become a way to evade some claims or some legal issues which the judge treat with reserve.From the second part,this article is a discussion of the phenomenon of "separate action".The second part mainly categorizes the phenomenon of "separate action".It is divided into cases not concerning,erroneous pre-judgment,some evidences with issues,and other types.Next,this article will analyze its rationality,compare this with rejection of litigation request,prior judgment,omission of a judgment,avoidance judgment,and draw the essence of its procedural judgment.The third part analyzes the causes of the phenomenon of "separate action" from the perspectives of theoretical research,rules and regulations,litigants and litigators,and proposes the necessity of regulating "separate action" in the fourth part,which is reasonably to improve the efficiency of case filing and protect the legitimate rights and interests of the parties.However,the abuse of "separate action" will destroy the balance between the actio and judicial power,and result in the non-standardization of the judicial system and the waste of judicial resources.the core part of this article is the fifth part,which is the suggestion to the application of "separate action" : First of all,it is necessary to establish the system of consolidation and improve the system of pre-judgment,the second is to improve and perfect the system of trial in our country,and the last is to regulate the application of "separate action" from the aspects of the restriction of the right to appeal and the reasonable intervention of the judicial power.It is hoped thatwe can make our own contribution in standardizing judicial terms,improving and perfecting judicial system,safeguarding actio and regulating judicial power.