论共同诉讼人利益对立之解决-on the settlement of mutual litigants conflicts of interest.docxVIP

This article is to explore solutions to the issue of common litigants’ opposing interests, focusing on starting from common litigants’ internal relations, exploring the status quo and causes of mutual disputes and confrontation between common litigants under the existing legislation. On the basis of these, the article analyzes the types of possible scenarios of common litigants’ opposing interests, then followed and summarized the provisions of solutions to this issue of different countries that have two legal systems . Lastly, it presents concrete measures to resolve the issue of a variety of opposing co- litigants with reference to Chinas actual situation . Based on this idea, this article is divided into four parts.The first part is an overview, mainly proposes solutions to the proposition of common litigants’ opposing interests, stating associated basic concepts such as joint action and common litigants. It also covers a brief introduction of the status of China’slegislation and judiciary on this issue. Secondly , this part presents a detailed discussion of the causes of this problem, which covers two main ones: the first is the existence of the profit and loss relationship between common litigants, but it confronts with the demands between the procedural law litigants, especially behaviors necessary for the effectiveness of common litigants the existence of a conflict between the requirements implicated , the second is the introduction of the more complex and more far-reaching reasons of this issue, i.e., the coverage of the necessary common litigation system is too wide, and the classification is generally lack.The second part mainly explains the possibly existed specific circumstances of common litigants’ opposing interests. It is generally grouped into four categories: the first category refers to the execution of rights, i.e., the the existence of opposing positions between contrary views on the appearance of a litigant s complaints and whether to prosecute