基于同一事实的纠纷合并审理规则重述——以《民诉解释》第221条为中心

Rethinking Consolidation for Trial of Issues

基于同一事实的诉的合并既包括当事人在同一诉讼程序提出数诉的情形,也包括当事人先后提起诉讼的情形,《民诉解释》第221条关注的应是后者。该项司法解释对合并要件的规定不甚清晰,表现为实体要件模糊、程序要件虚置,其在实践中已异化为合并审理的兜底规定。究其原因,是规范功能定位不明所致。重塑规范理性,应以协调前诉与后诉之间的关系作为规范的逻辑起点,以矛盾判决的防止作为规范的功能设定。在此基础上对合并要件的内容作出合理阐释以澄清其规范内涵,对前诉与后诉的矛盾情形进行类型归纳以确定其适用范围。

Consolidation for trial based on the same facts includes both the situation where the parties suit several causes of action in the same proceeding and the parties file lawsuits successively.Article 221 of the Interpretation of the Civil Procedure Law of PRC focuses on the latter.Because the norm does not clearly define the requirements of consolidation,the substantive requirements are ambiguous and the procedural requirements are false,which leads to the dissimilation of this article into the bottom line of merger trial in practice.The reason is that the positioning of the normative function is unclear.To reshape normative rationality,the logical starting point of the norm is to coordinate the relationship between the former and the latter,and the prevention of contradictory judgments should be used as the function setting of the norm.On this basis,it makes a reasonable explanation of the content of the combined elements to clarify its normative connotation,and makes a type induction of the contradictions between the former and the latter to determine its scope of application.