Since the preparation of the consolidated appeal,especially theoretical study of subjective complaints prepare consolidated in our country is not sufficient,lack of legal norms and judicial practice has been gradually related cases appear,there is a need for institutional Theories about the preliminary merger v.Construction.The research and practice of the lawsuits for preliminary mergers in Japan,Germany,and Taiwan have become more mature.Through the investigation of extraterritorial theory and practice,the focus is on the preparation of mergers and appeals—objective preparation for mergers and subjective preparations.Theoretical analysis,empirical investigation and institutional construction are discussed in order to benefit the construction of the prosecution system in China.The article is divided into four parts:The first part analyzes the theoretical origin,meaning,meaning,characteristics and types of objective preparation for merger,and analyzes the theoretical controversy in the first and second trials of objective preparation for merger,and makes a type analysis.The second part introduces the meaning of the subjective preparatory merger and the attitude of Taiwan’s subjective preparatory merger,and discusses the simultaneous trial of the common litigation system in Japan.At the same time,it analyzes the disputes of the subjective preparatory merger in the first and second trials..The third part discusses the institutional construction of the subjective and objective preparatory merger in China,and draws on the extraterritorial system to propose tentative proposals.The fourth part summarizes the full text and reiterates the significance of the construction of the prosecution system. |