客观的预备的诉之合并——一个立法需要填写的空白

Objective Preliminary Joinder of Actions——a Legislative Gap to Be Filled

诉的合并理论在我国民事诉讼法学体系中是非常薄弱的环节。诉的合并制度在我国民事诉讼法立法上有缺失及空白,预备的诉的合并尤为如此。诉讼实务中涉及客观的预备的诉的合并问题屡见不鲜。立法上的缺失与空白导致适用的无序、司法资源的重复浪费和当事人的诉累。学理研究的孱弱远不足以为修法提供理论支撑,诉的合并问题成为修法的盲点,应予重视。

The theory of consolidated action is regarded as a vulnerable spot of the Chinese civil procedure jurisprudence system. Though deficiency relating to the joinder of actions exists in the legislation of the civil procedure law, in the field of preliminary joinder it is even more conspicuous. The number of problems involving consolidated action in litigation practice is numerous and because of the legislative deficiency these problems could lead to the chaos of litigation, the waste of judicial resources and the fatigue of parties in action. The weak and incompetent academic research in this area fails to provide theoretical support for law revision and makes it a blind spot. Thus it becomes a matter which shall be attached more importance to in further study.