Study Of The Objective Preliminary Combination System Of Litigation

Objective preliminary combination of litigation mege two mutually exclusive litigation in the same proceedings can not only improve the efficiency of litigation,but also avoid the conflicting judgments arising from separate filings,which has important procedural value.It has been recognised in the judicial practice of countries and regions such as Germany and Japan.However,they did not agree on the basic concept,legal structure,the affiliation of the suit and the main points of the trial of an objective preliminary combination of litigation.In our country,although in judicial practice,the Court took a positive view of the objective preliminary combination of litigation,but so far,China’s civil litigation system is not formally established in the objective preliminary combination system.Due to the absence of a uniform institutional structure,confusion has arisen due to the lack of a clear legal basis,despite the positive attitude of the courts in judicial practice towards the claim of objective preliminary combination.Therefore,it is necessary to carry out a comprehensive study on the objective preliminary combination system,especially focusing on the construction and practice points of the objective preliminary combination suit,as the theoretical basis for the construction of the objective preliminary combination system,and ultimately the construction of the objective preliminary combination system in China.Specifically,this paper seeks to examine the following aspects.First of all,by sorting out the the relevant concepts of objective preliminary combination system,from the theoretical basis of the objective preliminary combination,looking for the controversial roots of the past academic circles,clarify the essence of the objective preliminary combination of litigation,breaking through the previous academic understanding of the judgment order between multiple requests,redefine the basic concept of the objective preliminary combination of litigation.Again,on the basis of the analysis of the construction points of the objective preliminary combination of litigation,the results of the previous academic research are combined to find a reasonable solution to the problem of the focus of the objective preliminary combination of litigation in the different situations of the first and second trials.Finally,combined with China’s current state of justice,discuss on the necessity and feasibility of setting up a system of objective preliminary combination in China and combined with the research results of the main points of the construction and practice of the main points,to provide reasonable proposals for the specific content of the objective preliminary combination system for the construction of our country.