Analysis On Preliminary Combination Of Litigation

Preliminary combination of litigation refers to that the plaintiff raised several claims full of exclusive relationship to the same defendant based on request right to the same relationship and ask the court hearing of a certain order in a same legal procedure. The first action which the plaintiff prefers to is called the anterior action, and the second action is called the posterior action.Preliminary combination of litigation has already appeared in Germany, Japan and Taiwan many years ago, and some in-depth theoretical study and practical exploration have been carried out in them. There are great differences among the scholars of different countries for some issues such as the rationale and concrete judgment manner of preliminary combination of litigation, furthermore, the validation of legality for this system has experienced a long-term development process from negative to positive, but in the end, this system has been generally recognized. Preliminary combination of litigation is conducive to the fully indemnity of clients'substantive and procedural rights,and to improve the efficiency and prevent the judge conflicts, and to maximize conservation of judicial resources. This paper describes the basic elements of this system, and differentiates and analyzes the disputed issues, and demonstrates the importance of this system introduced to China. This paper is divided into four parts.The first part elaborates the emerging issues of claim concurrence in judicial practice of our country, analyzes the situation that these kinds of problems are difficult to be solved owing to lack of legislation, and discusses the necessity of introducing this system to China.The second part describes the concept of preliminary combination of litigation, explores the theoretical basis of the legitimacy of this system, and analyzes the relationship between the anterior action and the posterior action in preliminary combination of litigation.The third part, through drawing on the experience of legislation and practice of foreign countries, puts forward a rough framework for our country setting the objective system of preliminary combination of litigation, and proposes some views how to deal with concrete issues in the trial.The fourth part discusses independently the differences between subjective preliminary combination of litigation and objective preliminary combination of litigation, especially in theoretical basis. Moreover, this part also raises unique system design method about subjective preliminary combination of litigation, at the same time, discusses the two practical issues needing to be solved in preliminary combination of litigation.