Study Of The Objective Preliminary Consolidated Action

The objective preliminary consolidation of actions can perform many functions,such as preventing the contradictory judgment and solving disputes once and for all,etc.Nowadays,its legitimacy has been explicitly approved through judicial precedents in the countries and regions of the continental legal system.However,it has not been paid due attention to in our country.Therefore,in the initial stage of establishing the objective preliminary consolidated action,the objective consolidation of actions should be stipulated generally in legislation or judicial interpretations.Meanwhile,the repulsion and conditionality of the objective preliminary consolidation should be taken as the basis and the distinctions between various forms of objective consolidation should be straightened out preliminarily.The People’s Supreme Court may issue guiding cases to regulate the preliminary consolidated action to instruct judicial practice.In the process of action,the judge should continuously sort out the points in dispute during the development of actions,send them to the parties’ for argument and explain and illustrate these points in dispute in case of necessity.Meanwhile,the judge should flexibly combine the system of preliminary consolidation of actions,the system of selective consolidation,and simple consolidation,etc.As to the cases that do not bring the objective preliminary consolidated actions in filing the cases,it should be explained and illustrated that the parties can choose from changing their claims or filing a preliminary action on the basis of keeping former claims.If a major action that won in first instance is brought into second instance owing to the appeal of the defendant and the court of second instance held that the major action was not tenable,the court of second instance,according to the requirements of adversary doctrine and the principle of disposition,should not exceed the scope of appeal of the appellant.The court of second instance should change the original sentence of the major action and instruct the court of first instance to retry the standby action.The study of the objective preliminary consolidated action is helpful to expand the ways of remedy for the party and improve the efficiency of action.