Research On Objective Preliminary Combination Of Litigation

The merger system of the lawsuit is of great significance for improving the lawsuit economy,preventing contradictory judgments,protecting the parties' right to appeal,and establishing judicial authority.As a basic issue in the field of civil procedure law,many civil law countries have conducted in-depth research and formed a mature theoretical system and greatly recognize the advantages of this system design.In contrast,the status quo of the merger theory of China's lawsuits,although China's legislation has established a merger system,such as joint lawsuit,but the research on the merger system is still very weak,and more focused on the subjective merger of the lawsuit,the lack of study of the objective lawsuit merger has led to procedural confusion in the application of the system in judicial practice,and this is especially true in the objective merger system in which the objective preparation for merger is a complaint.The objective preparation for merger refers to the fact that the plaintiff,when suing the court,defended his rights and interests,and simultaneously filed multiple complaints with the court.When the first-order lawsuit had no reason,he requested the court to A lawsuit against a judgment.With the development of society,the deepening of the complexity of lawsuit,and the objective preparation for mergers and acquisitions in the case of solving the problems due to facts,evidence and uncertainties in the judgment of legal effects,the objective preparation for mergers is incorporated into the lawsuit system of our country.On the basis of practicability,it is necessary to construct an objective and preliminary merger system suitable for China's national conditions.This paper will analyze the chaos that appears in our judicial practice from the judicial case.At the same time,it investigates and studies the relevant theories of objective and preliminary mergers and acquisitions in foreign countries.Based on the lawsuit system of analysis and objective preparation for mergers and acquisitions,combined with the specific situation of China,and drawing on the excellent theoretical results and experience of foreign countries,it confirms the objective preparation for mergers and acquisitions in China.As well as constructing an objective preparatory merger trial mode,some ideas are put forward.This paper is based on the central proposition of "objective preparation for merger",which is divided into five parts:The first part summarizes the practices of handling objective and preliminary mergers in judicial practice from the experience of self-life and internships,as well as the results of public judgments,and analyzes the problems in trial practice and the low use rate of objective preparation mergers.The reason is to explain the necessity of introducing the lawsuit of establishing objective preparation for merger in China.The second part,using comparative research,studies the theoretical results and practical operations of the objective preparation for mergers in Germany,Japan and Taiwan.The third part,based on the theory of the elements of lawsuit and the theory of lawsuit,elaborates the connotation of the objective preparation for merger,and focuses on the relationship between the prosecution and the prosecution.In addition,based on the theory of lawsuit,the difference between objective and preliminary lawsuit and simple merger and lawsuit is discussed,and the significance of establishing objective and preliminary merger in China is discussed.The fourth part is about the relevant issues that need to be clarified before the establishment of the objective preparation for the merger.It mainly includes the definition of the content of litigation claims,litigation,and litigation.It distinguishes the merger of litigation claims and the merger of litigation targets,and encourages the legislative provision of the objective reserve merger system.The fifth part is to construct the institutional framework of the objective preparation for merger in China.It mainly discusses the pre-indictment review,the trial rules of the prosecution of the first instance and the prosecution of the prosecution,the trial rules of the prosecution in the second instance and the trial rules of the prosecution,and the payment of legal fees.