Research On Objective Preliminary Combination Of Litigation

Objective Preliminary Combination of Litigation is such a system:When the plaintiff sues the court in the exercise of the right of appeal,taking into account that its request may not be recognized by the court,and to make another request,to prepare the former without reason to ask the court for the latter trial.Thus,the first request is called the master request,another request is called preliminary request.When the master request is approved,the court no longer trials the preliminary request;And its master request is not recognized,the court would need to try the preliminary request.In the civil legal relationship,the seller has delivered the subject matter to the buyer,and the buyer has not paid the price.Consultation is not the case,the seller sues the buyer for the court.The plaintiff(the seller)first assumes that the contract of sale is valid and ask the court to order the defendant to pay the price,and due to the fact that the sale and purchase contract may be invalid,so at the same time request the court to order the defendant to return the subject matter when it considers that the contract of sale is invalid.In the case,the plaintiff(the seller)put forward two claims,respectively,to pay the price,the return of the subject matter.The system of Objective Preliminary Combination of Litigation occupy an important position in Germany,Japan,China Taiwan region and other civil law countries and regions’ civil litigation theory,and play a greater role in the judicial practice.In comparison,China’s research on the Objective Preliminary Combination of Litigation has just started.The time is short and the result is less.But it is undeniable that the system has significant theoretical and practical value.In theory,Objective Preliminary Combination of Litigation is an important part of the objective merger.The study of Objective Preliminary Combination of Litigation will help enrich and improve the theory of objective merger.In judicial practice,Objective Preliminary Combination of Litigation has great practical significance such as ensure that the parties fully exercise the right of disposition,prevent the referee conflict and in line with the principles of litigation.This paper will use the Horizontal comparison method to combine the system’s legislation and practice changes at its birthplace and spreading ground(Germany,Japan,China Taiwan and other traditional civil law countries and regions).Then there is a comprehensive understanding of the origin and development of the system.In addition,this paper also uses empirical analysis to select and comment a large number of cases in China’s judicial practice.On this basis,the author will summarize the characteristics and drawbacks of our country’s practical application and explore how to localize the system to better take root in our country.Therefore,thns paper is intended to adopt the following writing ideas.First the author will summarize the basic theory of the concept,requirements,function and so on.Second the author will observe the system of legislation and practice changes in the situation in Germany,Japan,China Taiwan and other countries and regions.And then Summed up the problems in our practice based on our country’ relevant regulations and judicial status.The author will explore how to design the system,looking forward to contribute to China’s civil litigation theory and judicial practice.