Earticle

초록

영어

There are some factual or legal connections in related claims, and the combined trial is conducive to the effectiveness of dispute resolution and the unity of adjudication. However, the consolidation of related claims involves not only interests of procedural, but also interests of substantive law. The arbitrariness, selectivity, and autonomy of exercising substantive rights constitute the premise basis for joinder of claims, and the public interest of litigation procedures sets the boundaries for the arbitrariness of joinder of claims. The consolidation of related claims does not always depend on the plaintiff's choice but is the result of a comprehensive consideration of the interests of multiple parties. Therefore, the procedural concept of joinder of related claims should move from plaintiff autonomy to judge's discretion, and the importance of positive clarification of judge in the consolidated trial of related claims should be strengthened. The initiation of the joinder of related claims is not only the freedom of the plaintiff, the defendant and the nonparty also have the right to request the joinder of the related claims when their interests are adversely affected, and the court should be in charge of the discretion and decision-making power of the joinder of the related claims from the perspective of safeguarding the public interest. In short, the procedural design of the joint trial of related claims aims to maximize the public interest and private interests, on the one hand, the arbitrariness of the plaintiff's exercise of rights should be weakened properly, and on the other hand, the judge should be prevented from abusing its power of litigation command.

목차

I. Introduction
II. Definition of related claim
III. Interest-balancing in the consolidation of related claims
IV. Procedural design for the consolidation of related claims
V. Conclusion
Bibliography
ABSTRACT

키워드

저자

• Shi Changqing [ Professor, Law School, Shanghai University ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340