Research On The Types Of Common Litigation

Joint litigation is a complex system involving much Theory of civil procedure law.And it is inextricably linked to civil substantive law.Therefore,it is necessary to type the work to grasp its essence and give full play to its practical functions.China’s type of joint litigation is relatively rough.The authority of this system is more intense.Its law is not uniform.Therefore,it is necessary to learn from the experience of the civil law system,introduce a method similar to the necessary joint litigation and reconstruct the type division.At the same time,however,the type of joint litigation in the civil law system has its limitations.The theoretical root of the problem lies in the fact that the traditional party’s eligibility theory is too rigid,and the connotation of "unification" is too narrow.Therefore,it is necessary to amend the traditional theory to provide a theoretical basis for reconstructing the type of common litigation in China.The first part of the paper defines the concept of joint litigation,thus determining the type of object.At the same time,by analyzing the similarities and differences between the joint litigation and the group litigation,the third party participating in the litigation,and the subjective preparatory merger litigation,it is concluded that "the joint litigation is a pattern of opposition between the two parties,and one party and/or both parties are the majority and jointly conduct litigation.In turn,we think that group litigation and third party participation in litigation is not a joint lawsuit,subjective preparatory merger litigation is a jointlitigation.The second part introduces the existing types of joint litigation in China.According to the same or the same type of litigation,the common litigation is divided into necessary joint litigation and common joint litigation,which presents an inverted ladder structure.This model has problems that are not conducive to the protection of the parties’ rights,and the inconsistency of the law.The third part introduces the type of joint litigation in the civil law system.It divides the joint litigation into the necessary joint litigation and common joint litigation through the necessity of determining whether there is a unity.And than,it divides the necessary joint litigation into the Inherently necessary joint litigation and similar necessary joint litigation According to whether there is a need for a joint lawsuit.He presented a pyramidal structure as a whole.China can learn from the experience of the civil law system and introduce similar necessary joint litigation to alleviate the current situation of the party’s right to appeal.At the same time,the current classification method is replaced by the classification of civil law system,thus promoting the unification of law application.However,even the type of joint litigation in the civil law system has problems,such as the protection of the parties’ rights is limited and the contradictions are prone to appear and so on.The fourth part is mainly to theoretically prepare for the reconstruction of the common litigation type in China.In the distinction between the inherently necessary joint litigation and similar necessary joint litigation,the eligibility of the parties is its intrinsic theoretical basis,and the traditional disposition of powerdisposition is the theoretical root cause of the inherently necessary joint litigation against the protection of litigation rights.The traditional party personality theory has been revised to some extent,and the theory of the subjective dualism has been introduced,so that the inherently necessary joint litigation can be transformed into a similar necessary joint litigation,and the protection of the right to appeal is promoted.In the difference between the necessary joint litigation and the ordinary joint litigation,the traditional theory holds that the determination of unity is the determination of the unity of litigation,which makes some disputes applicable to the necessary joint litigation only applicable to ordinary joint litigation,which leads to conflicts.The referee’s question.In this paper,the determination of the unity of disputes is also regarded as one of the connotations of the determination of unity,and then some cases applicable to ordinary joint litigation are integrated into similar necessary joint litigation to ensure the unification of the referee.On the basis of the fourth part,the fifth part re-examines the overall structure of the joint litigation.It takes the inherently necessary joint litigation and ordinary joint litigation to be two poles,and forms a diamond-shaped structure in the form of an intermediate form similar to the necessary joint litigation.At the same time,the similar common litigation is divided into three forms: the necessary type of notification,the expansion of the judgment force,and the common point of the dispute.