With civil disputes related to the trial of the case

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  • / Author: Aaron Lewis

Combined with cases of civil trial way Association and improve the efficiency of civil litigation, achieve the node

 

Author: Dianjiang county court Peng Guoyong Published: 2008-03-31 14:20:32

 

Lead to:
Action by the two aspects of subjective factors and objective factors v. v. composition, the subjective element is a party to the case, the objective factor is the subject of litigation. The legal relationship of litigation or dispute the parties. If the subjective factors and objective factors are single, we called a single action; if two elements have one is most of the time, we called the composite action. Composite action is also called merge, the subjective factor for most of the litigation, in civil litigation, the subject called v. (subjective) merger, which is "joint action". Objective with the lawsuit, refers to the same plaintiff against the same defendant, in the same proceedings, claims more than two litigation. In the presence of the objective merger litigation proceedings, the form is single action, but actually consists of several independent litigation subject, that is to say, consists of several v. 1. Mixed with the lawsuit, refers to the number of subject of litigation between implicated in a number of independent of prosecution and trial. With civil disputes related cases for several independent appeal in civil procedure, with the action and has certain correlation between the case to trial in a program, namely objective merger and V. v. mixed with the sum of.
In judicial practice, the civil dispute cases because each has an associated action independent of each other, the people's court for trial use respectively, respectively, were the way of trial. This trial is the efficiency of litigation to the case has certain positive meaning, but in contrast, in the same proceedings in the trial of several interrelated litigation, both for the burdens of parties, court litigation costs, litigation efficiency of the whole interrelated cases, harmonization and unification of the people's court judgments., and eliminate false decision cost, achieve the node and so on, the traditional mode of civil trial is not comparable. So it is necessary to have discussed interrelated cases of civil trial by combining range, procedure, the method, in order to improve the efficiency of civil litigation, enhancing the function of civil procedure.
The concept and features of civil disputes, has an associated:
as mentioned before, the civil dispute cases with associated refers to two or more than two with interconnected independent litigation disputes, each individual action can be tried separately. Combined with related civil dispute is two or more than two with interaction of civil dispute cases and in one case to trial and judgment. Accordingly, the civil disputes related to the case has the following characteristics.
1, there must be two or more than two independent action. Each independent litigation subject of litigation, including litigation and litigation for three elements.
2, each independent litigation has some relevance between the litigation or the legal fact.
3, associated with each independent action are civil cases, are governed by the same court.
4, an independent lawsuit prosecution to the court, subject to other independent action in the same court that handled cases requirements.
Two, civil association disputes the merger trial conditions, classification and the referee:
(a) conditions:
1, by the court of appeal case on several combined have jurisdiction, and must be applied to the same procedure. This is a prerequisite for the merger trial, if one of the court on several merger case does not have jurisdiction, it shall not merge. The court to merge several cases have the choice of jurisdiction, can be merged. For the procedure, is refers to the ordinary (Jian Yi) procedure and special procedure, is also the case with the people's court shall belong to the same general procedure for trial or Jian Yi procedure cases, can be combined and tried.
2, several lawsuits by a plaintiff or a defendant in the same procedure proposed. In the same procedure, a plaintiff to the defendant with a plurality of litigation, the defendant to the plaintiff filed the lawsuit subject, can be combined and tried.
3, the plaintiff or the defendant's close relatives to the plaintiff or the defendant has put forward some interrelated litigation. In the same procedure, the plaintiff to the defendant and its close relatives and close relatives of the associated with litigation to the plaintiff, the defendant and his close relatives and close relatives of the associated with the object of litigation, may adjudicate.
4, constraints. The trial of disputes related to merger is a double-edged sword, if abuse not only to reach the good social effect, and make the parties use the merger trial of malicious litigation or litigation drag, even will cause the non producing new social contradictions, to non negative to the settlement of disputes. Therefore, the merger trial conditions should be appropriate restrictions. ① the restrictions, restrictions on the adjacent right disputes, land contract disputes, infringement damage compensate dispute, recourse maintenance expenses, medical expenses, compensation disputes, labor disputes, inheritance disputes folk microfinance case. The subject of litigation limitation, because of the size of the parties can decide whether the procedure to resolve disputes, the amount is larger, the choice of resolving disputes through litigation desire more strong, unit cost less, the amount is small, the unit cost of the litigation, the parties choose dispute wish more and more weak. Therefore, in order to promote social harmony, let the disputes related to some amount of small can be dealt with, should be appropriate restrictions on the amount, the amount can be limited in 10000 yuan of the following cases (except for personal harm compensation disputes). The main limitation, trial with Association for disputes, as the main body of different, its capacity to action, litigation risk consciousness is different, so it should be restrictions on the subject of litigation, litigation subject can be defined as the natural person.
(two) classification:
In accordance with the specific identity of the parties involved and the disputes related to the litigation, the civil disputes related to the merger is divided into the following three categories.
With no implication of 1, . Not with any legal or de facto relationship between two or more than two disputes. For example: the plaintiff against the same defendant in accordance with the sale contract request for payment of the price, but also depend on the lease contract relationship between the request to move out of housing, in addition to the negotiable instrument relations request for payment of fare, and in accordance with the neighboring right to request removal of obstacles and so on, court will hear with the object of litigation, and this is no related disputes.
2, have been implicated in the relationship with. With the establishment of a case to case is the premise of the other. Divided into two types: (1 implicated) law. For example: the plaintiff against the same defendant court to confirm sales contracts invalid litigation, with mention of return property and compensation for the loss of litigation; (2) implicated in fact. For example: in the same contract, not only agreed to the sale of computer, and agreed to lease a car, house, the performance of this contract and lodge three item action.
3, the parties with close relatives to participate in the proceedings. Including the merger and the defendant the plaintiff and their close relatives to participate in the litigation and its close relatives to participate in the proceedings. For example: the plaintiff and the defendant and its close relatives and close relatives of fighting, the plaintiff and their close relatives, the defendants and their relatives are in the same dispute were injured, the plaintiff and their close relatives claimed damages against the defendant, the defendant and his relatives also requested the plaintiff damages.
(three) review, action, mediation and judgment:
1, review. For having an associated disputes case, should from the jurisdiction, whether to apply the same procedure, relevance, and each object of litigation and legal fact review. In accordance with the related disputes the merger trial conditions, shall be tried together.
2, the cause of action. According to "the Supreme People's Court on civil cases where the 'rules' (for Trial Implementation)" the provisions of the notice, the ordinary procedure case case, the general should include two part: the legal relationship between the parties to the dispute and litigation, such as the sale of the contract quality disputes, for the merger related disputes case, determine the cause, also should on the basis of the provisions, but there are the following several ways: the dispute legal relationship and controversial one, is "legal relationship disputes; legal relationship +" the same, and disputes are different, the use of "legal relationship and major dispute, minor dispute", such as: "tort person, property damage compensation dispute" the different legal relations;, disputes are also different, the use of "main legal relationship, legal relation of the controversial + secondary + the dispute", such as: "a contract for the sale of housing debt, car rental contract to return the property dispute".
3, mediation. The trial with civil association disputes, mediation should be the main. First of all, should be full mediation, both in the case before or after the case, the trial or after the trial and execution, full mediation is more conducive to resolve the dispute between the parties. Second, the people's court and connected to people's mediation, people's mediation committee is set up in the village (neighborhood), street mediation at the grass-roots organizations, for the local disputes, the first time to grasp the situation, grasp the details of a case, a people's Mediation Committee for mediation, able to clear the matter of non, the parties will not be denied and excuses for the people's mediation committee master case, easy to make the parties reach an agreement, but the composition of the law of the people's mediation committee have incomplete, do not thoroughly understand, resulting in many disputes can not reach an agreement, the people's mediation committee, therefore, it is necessary to establish and the people's mediation committee linked to specific case law mechanism, guiding by the judge, by the people mediation committee for mediation case records and through the records, the parties signed endorsement. Unable to reach a mediation agreement entered into litigation cases, the people's court may record the people's mediation committee as evidence. This is conducive to ascertain the facts, clearly define the responsibilities. Third, determine the conditions, the effectiveness of mediation. Mediation conditions need not the case facts are clear, it should be emphasized that the parties voluntarily, to resolve the disputes between the parties for the purpose, to achieve harmony between the parties. The procedure and method of mediation, ought to be free and pluralistic, as long as the reach based on equality, consultation, voluntary under the agreement shall be deemed to be valid. The effect of the mediation agreement, mediation agreement shall become effective after its signing by both parties.
4, the referee.
(1) in non involvement with litigation in several, combined with the trial, combined action, should be in the same procedure referee, for a reason v. ruling party wins the lawsuit, for no reason to appeal the judgment. In the course of legal proceedings, if there is a procedure in the legal situation of litigation suspension, the suspension of litigation, the litigation to proceed. V. combined, if reached can make a final judgment of degree, of course, shall make a judgment on the whole; if only one part of the lawsuit had moved out, the court can also be made part of the judgment.
(2) in the combined have been implicated in the relationship, according to the nature of the subject matter of action, the establishment of a procedure to set up another lawsuit as the premise, have made the same decision necessary between each action, this case will be made part of the judgment are hearing, and shall be found after all the facts together with the decision.
(3) and to participate in the litigation in the close relatives, several cases: if the plaintiff and their close relatives as co plaintiffs sued the same defendant associated action, can be consolidated, with decision, but if one has to suspend action, should be when the suspension, the other action with the referee; ② the plaintiff sued the defendant, the defendant's relatives filed lawsuit against the plaintiff's Association, also can be combined with the referee, as the case may suspend, suspend the trial, does not affect other litigation judgment. The original, the defendant has a close relative proposes related litigation, the parties can present situation can merge the referee, but if the parties can not appear in court, should be associated respectively are the trial v..
5, for the merging of the appeal force, different scholars have different views. Some scholars think that the parties appeal, one of the litigation, court of second instance shall not, all v. consolidated trial; some scholars believe that, only the disaffected trial. The author thinks, should be a full trial, because the merger trial, which is a decision, if a party refuses to accept a lawsuit, is actually refuses to accept the decision, the decision has no legal effect.
6, separate trial. When the correlation dispute merging into trial procedures, in the case that hinder the situation or parties with the merger trial reached its illegal purpose, shall transfer the case to trial separately, including: ① found adjudicate it conflicts, will produce the bad social effect; special issues of the merger trial of cases involving required identification, assessment; ③ comply with the "PRC Civil Procedure Law" article 136th, article 137th provisions shall be suspended, end the lawsuit cases; the consolidated result extension will seriously affect the vital interests of the parties, the production part of life, schools and so on; the party by the merger trial deliberately delayed action or the litigation fraud, malicious litigation.
Three, the current civil dispute cases failed to merge with the association of trial:
1, emphasis on "a lawsuit case" and "the same legal relationship". The traditional "one case" judicial idea judge, only to the plaintiff claims for single trial, not the whole dispute fact exhaustive, this model can be applied to improve the efficiency of the trial, the case is simple, so widely applicable. The party put forward related to the dispute with litigation, trial judges required together with, often disrelish a trouble, simply to "and this case is not the same legal relationship" as an excuse to party a separate lawsuit.
2, the law is not clear, the judge can't "adventure". Because the law does not merge the disputes related to the trial made clear, between the upper and lower court easy understanding deviation, a trial judge fear appeal is the court of the second instance for retrial, the risk of wrong.
Evaluation index 3, internal unscientific, "do not want to judge". Many courts for handling travel assessment in the case, the combined hearing not only benefits, but will "pad", enthusiasm the judge did not merge trial; at the same time, the people's Court on the case quality examination mainly in the program as ", failed to end the case" as an evaluation index, makes the case and after hearing is not only not sure, it may be identified as the error cases.
4, investigation is not in place, the judge would not "adventure". In the trial practice, many related disputes through the merger trial, made a good legal effect and social effect, achieve a case over, but not necessary to summarize and exchange the experience, the effect is only limited to case, failure to form a successful mode of operation, can not form the rule.
5, avoid the agent "". An agent ad litem in agency activities, to the case in reflecting their own ability or let the parties considered more satisfied, the individual of their favourable dispute processing requirement only, and for other and unfavorable dispute avoidance, so whether it is from the merger trial procedures or with the mediation, agents will be provided not conducive to the settlement of disputes, the merger case cannot merge.
6, legislation lags behind, the judge can not "illegal". The current civil procedure law only provides the necessary common lawsuit, third people participate in the litigation, defendant, the plaintiff claims to increase the merger situation, and combined with the independent lawsuit is not specified, the judge can not easily merge.
Four, improve the civil is associated with hearing disputes countermeasure.
(a) improve the court's internal assessment. In order to encourage the judge with the folk association disputes, the people's court shall perfect the evaluation standard of internal case quantity, quality and travel expenses, to resolve a dispute in a case, should be in accordance with the number of cases and disputes in calculating the number of plan hair travel expense, the related disputes in the merger trial of the case quality, as long as it is to resolve the disputes between the parties and disputes, should be assessed as qualified cases.
(two) to the lower court communication. Because of the complicated disputes related to hearing blank in the provisions of the law, so the lower court to recognize there is a certain gap, for if the people's court to hear a case the parties to the merger, the merger trial appeal the grounds of procedural law, people's courts at lower levels shall take the initiative to the superior court collude with, seek identity. The superior people's court shall also to resolve civil disputes as the main starting point, not a retrial to merge program on the grounds of unlawful remand.
(three) to strengthen the judicial investigation and summary. Each service court and judges to adjudicate the successful case shall strengthen the summary, and the summary of materials research laboratory report summary, and strengthen the research, has formed a complete set of to resolve disputes related to disputes with trial procedure.
(four) to strengthen communication and coordination with the lawyers, legal workers, the lawyers, legal workers from the emphasis on the effect of cases concept into resolving disputes the concept of effect, dissolve the lawyers, legal workers take the initiative to conduct disputes, disputes related to merger trial get recognition and support in the lawyer and legal workers.
(five) the legislation perfect. Civil procedure law should be perfect combination of multiple legal relationship but related disputes in fact trial, including: the types, conditions, the merger trial to determine the scope, procedure, mediation, adjudication, and trial.
Five, the significance of the civil association disputes the merger trial:
(a) is advantageous to enhance the lawsuit. Efficiency and justice judicial efficiency including judicial result. In the judicial cost constant, maximum judicial income or benefits, or in the judicial output constant, the smallest of the judicial resources. However, in judicial input constant case how to achieve maximum benefit to judicial problems, through the basic maintain litigation into constant and to maximize the litigation benefits, should be an important way to realize the efficiency of the judicial process, civil association disputes and tried to expand this approach is practical action. Application of the merger trial, mean that the implementation of the two or more than two disputes or cases in the same procedure, make originally should be expanded into two or more than two procedure and as a. When applying the same procedure to resolve several civil disputes to realize the value of efficiency, the litigation process remain relatively constant input and output to litigation procedure as much as possible will achieve increased. Of course, we must face up to the possibility of merging has led to the delay of action. After all, with several independent cases tend to make the procedure is relatively complex, is almost inevitable litigation period is relatively longer, after all, in the same procedure, solve several dispute is a dispute resolution of heavy workload, the time relative to something more. But this does not necessarily lead to lawsuit economic frustration of purpose. Because of the relative extension as a result of the merger related disputes caused by the relative increase of workload and litigation period, than will this several cases completely belong to the different procedure for trial in the total cost of litigation, under normal circumstances, the former is more economic, more efficient litigation.
(two) to achieve the node. Modern civil lawsuit idea is both procedure and entity, but stressed the program as the hearing process, the entity as the trial result at the same time, the realization of civil cases "to conclude the case" is an important value orientation of civil trial. With civil disputes related to hearing is an important way to achieve this value orientation. Because a plurality of litigation related subject and case by a collegial panel or the sole judge trial were combined through a program, the judge in the judgment, will give full consideration to the disputes and cases of causation, fault liability, the applicable law, the parties bear ability, value orientation, comprehensive judgement. Maximize the parties appeal judgment, avoid, visit wrapped around v.. At the same time, because of the litigation disputes related targets and actions to be consolidated, can help to distinguish the right and wrong, as far as possible to find out the facts of a case, the legal fact when a case is more close to the objective fact, make people's court decision, the more satisfaction, to win hall hall is positive, was as clear as noonday. The trial with other related disputes, contribute to the mediation and perform cash, by merging these disputes trial, the parties not only know their own advantageous one side, also understand yourself unfavorable, judge through to verify the facts, is not clear responsibilities, easier to let the parties agreed to mediation. Because of a dispute with the trial, the parties are in debt to many situations, often through the offset, compensating way to fulfill the debt, so the cases do not need to enter the implementation procedure.
(three) is conducive to digestion judgment error cost. The operation cost of civil litigation not only refers to the direct investment action execution (including human, financial resources and time) that is to make the decision and implementation of the cost, also includes a wrong decision cost. Every wrong decision will lead to ineffective use of judicial resources, the wrong judgment and because of wrong judgment and costs to be invalid, even caused by the wrong judgment of judicial input and execution of rotational and pay more cost. The author thinks, related disputes is one of the ways to promote the merger trial of the two cost and minimization. Combined with related disputes on digestion trial error cost function, is able to effectively prevent the contradictory judgments, so as to reduce the sentence error rate. Specifically, one is able to effectively avoid the fact that the contradiction, which is several merged trial based on related litigation or case may based on facts is overlapping, if they will be placed in different procedure were tried, it may cause the different judges draw very different conclusions. In the determination of the same facts, but the merger trial there it can effectively avoid the consequences. The two is able to effectively avoid the applicable law of contradiction, of several or even many similar litigation cases were tried in combination, its legislative intention except litigation economic objective, another objective is to maintain the consistency of applicable law in solving the similar disputes. If these same kinds of disputes caused by different courts or judges may be different, the applicable law is not the same phenomenon, but if the implementation of the merger trial, can effectively prevent the contradictory law applicable. Therefore, combined with related disputes trial is an effective way to prevent errors of judgment, proper use, will be able to contribute to the cost to reduce the error judgment, so as to promote effectively reduce lawsuit cost.
(four) is conducive to building a harmonious society. Litigation is one of the dispute, in order to maintain a harmonious way. The Supreme People's court vice president Huang Songyou put forward, the reform direction of our civil litigation pattern, should be a harmonious pattern of civil litigation, in order to overcome the adversary and inquisitorial system limitations, to meet the new requirements of modern society for dispute settlement mechanism. The trial with perfect related disputes, resolve multiple disputes in a lawsuit as far as possible, to resolve social contradictions, the parties in the lawsuit of spending time cost, economic cost and psychological cost pressures and are trying times reduce these costs, reduce the cost, the antagonism between the litigants confrontation between emotion and the parties and the court is greatly reduced, the parties are easy to reach an agreement, even if they can not reach an agreement of mediation, the court will be the parties understand and be convinced, can promote when between the parties and the court, harmony