| The current necessary joint action system in the Civil Procedure Law of China is virtually based on the inherent necessary joint action system of Civil Law System , which requests the same object of action and individual members joint action in China parties right of action is blocked and the cost of action is increased . Then , it results in the gap between legislation and judicature , theory and practice . In order to adapt the legal practice and settle the diputes in one proceeding , the Civil Procedure Law should diversify the necessary joint action system . Besides the current necessary joint action system , two more system , namely , analogical necessary joint action system and correlative necessary joint action system are proposed to be established.The text consists of four chapters:Chapter 1 , the author summarizes the necessary joint action , spreading from conception , stating the characteristic:1. the object of action among the parties is same; 2 . the action is impartibility , the court must inquire together . At the same time , the author discusses the components and system of necessary joint action.Chapter 2 , the author reviews the necessary joint action in Germany , Japan, Taiwan district and United States , introducing the classifying and the rang of applying among those countries and districts,and compares the necessary joint action of the two legal systems.Chapter 3 , the author makes commons on the necessary joint actions in China mainly from the following three aspects : firstly , the concept and scope of the necessary joint action in China; secondly , the additional common litigants of the necessary of joint action; thirdly , the effectiveness of the common behavior of litigants.Chapter 4 , the author proposes the advices to innovate and perfect the system , 1 . the urgent affair is to reconstruct the configuration of necessary joint action to distinguish inhere and analogy necessary joint action; 2 . It should apply the expansion theory of the res judicata of representative action system to the necessary joint action; 3 . reconstructing the scope of the necessary joint action; 4 . innovating the superaddition system of parties in the necessary joint action , addressing the method of remedy of parties in the necessary joint action; 5. innovating the inner relationship among the parties—the procedure rule of necessary joint action. |
