The Construction Of The Similiar Necessary Joint Action

Today,the joint action is becoming more and more complex,compared with the common litigation system in other traditional continental law system,the joint action in our country appears to be relatively simple and general.Through research and reading related literatures,it is found that the most discussed and controversial issues are the excessively wide application scope and irregular use of the necessary joint action system.Similar necessary joint action is not a brand new system.In the continental,it can adapt to more different types of joint action cases with its flexibility.It uses the expansion of res judice to avoid the occurrence of contradictory judgments,thereby breaking the mandatory stipulation that the co-litigants must respond or be sued together.Therefore,this type of litigation form is favored by many scholars in our country,and they believe that the construction of a similar necessary joint litigation system can well solve the problem that the scope of the necessary joint litigation system is too broad,the phenomenon of random merger of lawsuits,the forced addition of litigants,and the frequent contradictory judgments.etc.problems occur.At the beginning,this paper introduces the definition,characteristics and theoretical basis of the similar necessary joint action system,and compares it with the other two kinds of joint actions in our country,so as to propose the necessity of building the similar necessary joint action system in our country.In the second part,it specifically discusses the practical basis and practical significance of building a similar necessary joint lawsuit in our country.Through the exploration of the system in our country’s current legislation and judiciary,as well as the current situation of the relevant systems in Germany,Japan and Chinese Taiwan,the conclusion is drawn.The significance of constructing this kind of system in our country.The third part,by citing many cases,analyze and summarize the judicial status and problems.In the fourth part,from the perspective of the subject matter of the lawsuit and the substantive law,it puts forward specific suggestions for building a similar necessary joint system,and clarifies the conditions for the establishment of a similar necessary joint action system.Finally,the study discusses the issue of additional parties and the effect of the actions of the common litigants.