On The Joinder Of Preliminary Action

No remedies, no rights. substantive rights are complete and protected only if they are entitled with remedy. With the development of the contemporary economics, civil cases are increase, concurrence of claim is multiplied, and the judicial resources are limited, it is necessary for us to reform and consummate the present system, so as to comply with the request for civil trials in new times. Joinder of preliminary action is a litigation system to solve the problem of combination of rights of claims, enhancing the litigation of efficiency, saving judicial resources. Germany, Japan and Taiwan province of China have adopted joinder of preliminary action in practice in addition to comprehensive proof and study in theory .The restrictions on requirements to commence an action prescribed by Civil Procedure Law of People's Republic of China are quiet strict. The comment made by the plaintiff must be "detailed" and "clarified", it results difficulty in bringing a lawsuits in practice, in fact deprives the parties of some rights of claim to enter into the procedure, and the parties are not entitled enough rights.Based on theoretical analysis and comparative to the foreign theory and related cases, combined with the specific situation in China, the paper holds that joinder of preliminary action should be established and brings forward some specific legislative suggestions. the present paper is composed of five parts which about 3 million words.Part one deal with case which are the points of breakthrough, leads the taking of the paper to the joinder of preliminary action, emphasising on the necessity of bringing in such procedure.Part two is about brief introduction to concept,cause and types. analysing the differences among joinder of overlapping causes of action, joinder of preliminary causes of action and joinder of selective causes of action, for the purpose of putting emphasis on the values and characteristics of the joinder of preliminary action.Part three, Referring to the legislation and practice in other countries or regions and combining with the practice of our country. The thesis holds that the establishment of joinder of preliminary action has practical significance in our country's civil procedure law and and emphatically analyzes the value of which.Part four, analysing some questions about bringing in joinder of preliminary action: Introducing the relation between joinder of preliminary action and object of action, pointing out that essential of the joinder of preliminary action is the combination of the object of action, and also analysing judgment in the first and second trial, for the purpose of improvement of legislation.Part five, It is necessary for us to borrow the useful experiences from foreign countries on the basis of our country to fully integrate the nation based on the conditions of china, and also brings forward some specific legislative suggestions.