Study Of The Settlement In A Separated Action In Civil Litigation

The settlement in a separated action in civil litigation is reasonable because it can prevent the excessive expansion of the contents of a hearing as a result of the pursuit of consolidated hearing unilaterally.When he or she faces with some cases that are not closely related and need not to be consolidated,the judge will not be confined to the shackles of the party’s behaviors,such as the consolidated filing of actions.This shows the flexibility of the command power of litigation.However,the settlement in a separated action in civil litigation in China has become a performance of the judge’s withdrawal of judgment and combined with the rule of dismissal and the rule of rejecting the filing of an action.This practice does not indicate the positive value of the settlement in a separated action in civil litigation.In addition,it increases the procedures and the cost of litigation,which seriously twists the reasonableness of the system.At present,there is no explicit stipulation on the system in the legislation of our country.The contents concerning this system scatter in some judicial interpretations.As a result,an entire system is unable to form and there are some problems,such as the lack of the norms of application and the procedures for determining the separation of cases,the insufficient guarantee of the judge’s command power of litigation,etc.All of these problems cause the chaos in applying the settlement in a separated action in civil litigation.Therefore,it is necessary to improve the system in following ways.Firstly,relevant legislation should be improved and the system of coercive consolidation of litigations should be established.Secondly,the norms for applying the settlement in a separated action should be defined by the requirements of litigation,the consolidation of requirements and the risk of delay.Thirdly,the judging procedure of separating actions should be defined clearly and the procedure of judgment in advance should be promoted to use and the replacement of “settlement in a separated action” with “judgment in advance” should be strictly restricted.Finally,the restriction of litigious right and the coercive of judicial power should be enhanced to correct the abuse of discretion.The study of the settlement in a separated action in civil litigation is advantageous to stimulate the positive command power of the judge so as to quicken the hearing of a case,to maintain the party’s legitimate right of litigation,to improve the system of civil litigation of China.