Research On Syncretic Identification Of Similar Necessary Joint Actions

The system of joint action is an important form of litigation to solve legal relation of most parties.But compared with the traditional civil law system countries and regions,the division of system of joint action in our country is relatively simple,especially absence of similar necessary joint action,leading to problems that cannot be explained by existing legislation and theories.Therefore,it is necessary to make a systematic study on identification standard “syncretic identification” before examining the system of similar necessary joint action.Therefore,this paper takes the syncreticc identification of similar necessary joint action as the object of study.Although similar necessary joint action and inherent necessary joint action can both be called "joint action of syncretic identification”,but syncretic identification in similar and inherent,there are differences in terms of connotation and criteria of necessity.Therefore,this paper limits syncretic identification to similar necessary joint action,focusing on two aspects:the connotation and the different theories of necessity judgment criterion;trial rules.This paper introduces the specific contents of different theories and combs the historical changes of three different theories in the law of action between Germany and Japan,and draws the conclusion that the basis of the different theories is mainly the closeness between substantive law and procedural law,the legislative policy considerations at that time,and the use of different criteria to determine the necessity,the scope of the establishment of similar necessary joint action will also be different.This paper includes three parts: introduction,text and conclusion,in which the text consists of the following four parts:First part: Basic concepts of similar necessary joint action and its unity.Every national litigation law expresses its concept differently,but the essence is the same.There are difference between syncretic identification of similarity and inherent.To study this basic concept,it is necessary to discuss the theory of the criterion and trial rules.Part two,The change of legislation on unity in German-Japanese.Syncretic identification originates from the German common law.The application of the relevant legislation in the German civil action law has gone from logical syncretic identification to pure substantive law,and then to procedural law.After Japan received the German Civil Action Act of 1877,the doctrine of syncretic identification has generally undergone historical changes similar to that of Germany,but as to what kind of doctrine is adopted in the current civil action law of Germany and Japan as a general view,scholars have different opinions.Institution is the product of history.Behind the changes in the application of theory is the development of legal culture and legislative policy at that time.The third part: Different theories on determining the criterion of necessity in unity.The criterion of determining the necessity of unity is different,and the scope of establishment of similar necessary joint action is different correspondingly.There are three different theories in the academic circles in view of what kind of judgment criterion should be adopted to determine the necessity of unity.By investigating the concrete contents of each theory,we can understand the reasons behind the theory and the merits and demerits of the theory itself,at the same time,combined with legislative and judicial status quo of necessary joint action in our country,I think the unity determination in the similar joint action should be “syncretic identification of the object of the lawsuit” in our country,and it should be the theory of unity in the substantive law.In the fourth part,the construction of the rule of trial of unity in our country.Main purpose is to standardize the litigation procedure in order to make a unified judgment on the object of joint action,and to prevent contradictory judgment.This paper studies and draws lessons from trial rules of the unification of traditional civil law system,improves and perfects the existing regulations in our country,and constructs the trial rules in necessary joint action in our country.