What are the connections and differences between ordinary class actions and necessary class actions?

Necessary joint litigation refers to a joint litigation in which one or both parties are two or more people, the subject matter of the litigation is common, and the people's court must join the trial as one case.

Necessary class action is an indivisible action, and the reason for its indivisibility is that one of the joint litigants either has common rights or obligations with respect to the subject matter of the action. Necessary class litigation mainly includes the following situations:

1. Affiliation: Where an individually-owned business, individual partnership or private enterprise is affiliated with a collective enterprise and engages in production and business activities in the name of the collective enterprise, the individually-owned business, individual partnership or private enterprise shall be a joint litigant with the collective enterprise to which it is affiliated in the litigation.

2. The problem of inconsistency between the owner and the actual operator of the individual industrial and commercial household: In the lawsuit, the owner registered on the business license of the individual industrial and commercial household is the party. If there is a trade name, the registered trade name shall be indicated in the legal documents.

Where the owners registered on the business license are inconsistent with the actual operators, the owners and the actual operators are joint litigants.

3. Individual partnership issues: All partners of an individual partnership are joint litigants in the litigation. If an individual partnership has a trade name that has been approved and registered in accordance with law, the registered trade name shall be indicated in the legal documents.

All partners may elect representatives; The elected representative shall be nominated by all partners.

4. The issue of the division of enterprise legal person: in the case of the merger of enterprise legal person, the dispute arising from the civil activities before the merger shall be the party to the merged enterprise; In the case of the division of an enterprise legal person, the enterprise after the division shall be the joint litigant in the case of disputes arising from civil activities before the division.

5. Borrowing issues: Where a business introduction letter, a special contract seal, a sealed blank contract or a bank account are borrowed, the lending unit and the borrower are joint litigants.

6. Guarantee issues: In a lawsuit filed due to a dispute over a guarantee contract, where the creditor claims rights against the guarantor and the guarantor, the people's court shall list the guarantor and the guarantor as co-defendants; Where the creditor only sues the guarantor, the people's court shall notify the guarantor to participate in the litigation as a co-defendant, unless the guarantee contract expressly stipulates that the guarantor shall bear joint and several liability; If the creditor only sues the guarantor, it may only list the guarantor as the defendant.

7. Inheritance issues: In the litigation of inheritance, if some of the heirs sue the lawsuit, the people's court shall notify the other heirs to participate in the lawsuit as co-plaintiffs; Where the notified heirs are unwilling to participate in the litigation and have not expressly waived their substantive rights, the people's court should still list them as co-plaintiffs.

8. Question: If the person is jointly and severally liable, it is a joint litigant.

9. Public property issues: Where the right of common property is infringed upon by others, and some of the co-owners file a lawsuit, the other co-owners shall be listed as joint litigants.

Ordinary joint litigation refers to a joint litigation in which one or both parties are two or more people, the subject matter of the litigation belongs to the same type, and the people's court finds that it can be tried together, and the parties also agree to the joint trial. An ordinary class action is a type of severable action.

The comparison is as follows: Necessary Class Action Ordinary Class Action.

The subject matter of the litigation is the same subject matter and the same type of subject matter.

Severability of Litigation Indivisible Litigation Must Be Consolidated Litigation Separable litigation shall be tried together.

The co-litigant relationship is relevant and independent.

Referee Result Same Result Independent Result.

The differences and connections between ordinary class actions and necessary class actions are as follows:

1. The difference is that the subject matter of an ordinary joint action belongs to the same type, and the people's court finds that it can be tried together, and the parties also agree that the joint trial can be tried together, which is a kind of separable lawsuit, and the subject matter of the litigation of the necessary joint lawsuit is common, and the people's court must be a joint lawsuit for trial as a case.

2. The contact is that one or both parties have more than two people.

Pure hand-to-hand, just over the examination dog, I want to ask questions, and I found that the anonymous wealth value is not enough, so I came to answer the question, I hope the landlord can like it.

Connection: They are all class actions, and a class action is a lawsuit in which one or both parties have more than two people.

Difference: The biggest difference is that the lawsuit can not be separated, which means that the lawsuit of the ordinary joint lawsuit can be sued and sued, let me give you an example, for example, I hit 10 people today (not yet criminal), each of you 10 people can sue me for tort liability, you can sue 3 of you together today, or you can sue one by one, that is, it can be separated, it does not affect, but it is necessary to file a joint lawsuit, it must be together, if one person files an appeal today, The whole case enters the second-instance procedure together, and in fact, the necessary joint litigation is also divided into the divisible necessary joint litigation and the indivisible necessary joint litigation, and the general joint and several liability is the divisible necessary joint litigation, that is, it can only be sued once, but someone can not come, but the indivisible necessary joint litigation, such as inheritance issues, is indispensable, and the court will invite it to come.

Legal analysis: Necessary joint litigation refers to the fact that the parties have the same subject matter of litigation and must be litigated together.

Legal basis: Civil Procedure Law of the People's Republic of China Article 52 Joint Litigation Where one or both parties are two or more persons, and the subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the people's court finds that it can be tried together and with the consent of the parties, it is a joint litigation. Where one of the parties to a joint litigation has common rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other joint litigants; Where there are no joint rights and obligations on the subject matter of the litigation, the litigation acts of one person shall not be effective against the other joint litigants.

Necessary joint litigation refers to a joint litigation in which one or both parties are two or more people, the subject matter of the litigation is the same, and the court must hear and make a joint judgment. Ordinary joint litigation refers to litigation in which one or both parties are two or more persons, and the subject matter of the joint litigation is the same type of litigation that the court deems it possible to join the trial, and the parties also agree to join the trial.

Legal basis: Article 52 of the Civil Procedure Law of the People's Republic of China.

Where one or both parties are two or more persons, and the subject matter of the litigation is common, or where the subject matter of the litigation is of the same type, and the people's court finds that trial may be combined and with the consent of the parties, it is a joint litigation. Where a troubled party to a joint litigation has common rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other joint litigants; Where there are no joint rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is not effective against the other joint litigants.

The differences and connections between ordinary class actions and necessary class actions are as follows:

1. The difference is that the subject matter of an ordinary joint lawsuit belongs to the same type, and the people's court finds that it can be tried together, and the parties also agree that the joint trial can be combined for trial and reason, and it is a lawsuit that can be divided into one branch, and the subject matter of the litigation of the necessary joint lawsuit is common, and the people's court must be a joint lawsuit for trial as one case.

2. The joint laughter is that one or both parties have more than two people.

Necessary joint litigation refers to a joint litigation in which one or both parties are two or more persons, and the subject matter of the litigation is the same, and the people's court must hear the case jointly. Ordinary litigation, also known as general joint litigation, refers to one or more parties who are two or more parties, and the subject matter of the litigation belongs to the same category.

How to distinguish between a necessary class action and an ordinary action.

1. The subject matter of the litigation is different.

The criterion for necessary joint litigation is that the subject matter of the litigation is the same, which means that the object of the litigation is the same specific administrative act. In other words, the administrative act itself is an independent and complete specific administrative act, which is either jointly taken by two or more administrative organs, or a specific administrative act deals with two or more citizens, legal persons or other organizations.

The standard for ordinary litigation is that the subject matter of the litigation is the same type. The rift in ordinary litigation belongs to the merger of the subject matter of the litigation, and because of the merger of the subject matter of the litigation, it leads to the merger of the subject of the litigation. Therefore, in order to be an ordinary lawsuit, there must be two or more parties who sue or respond to the same court in respect of two or more subjects of the same type of litigation.

2. The trial and adjudication methods are different.

Necessary joint litigants must participate in the proceedings. If there are omissions, the people's court shall notify them to participate in the litigation. If they do not wish to participate in the proceedings, the court may notify them to participate in the proceedings as a third person. In necessary class actions, the courts must join the trial and make a unified judgment.

Ordinary litigants may sue or respond to litigation together, or separately, and the court may combine or separate trials, and the consent of the parties must be obtained when the trial is joined.

3. The characteristics of litigation are different.

Necessary joint litigation is an indivisible action, and the reason for its indivisibility lies in the fact that one of the joint litigants either has common rights to the subject matter of the litigation or has the obligation to fight together. Therefore, after the litigation act of one person is recognized by all the people, it becomes legally effective against all the joint litigants.

An ordinary action is a divisible action. The litigation acts of one person are not effective against the other joint litigants, and the litigation acts of each joint litigant are only effective against themselves, and the suspension of the litigation acts of a joint action does not affect the other joint litigants.

Legal basis

Civil Procedure Law of the People's Republic of China Article 52: Joint Litigation Where one or both parties are two or more persons, and the subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the people's court finds that it may be tried together and with the consent of the parties, it is a joint litigation. Where one of the parties to a joint litigation has common rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other joint litigants; Where there are no joint rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is not effective against the other joint litigants.

Necessary joint litigation refers to a joint lawsuit in which one or both parties are two or more people, the subject matter of the litigation is the same, and the court must combine the trial and make a unified judgment. Ordinary joint litigation refers to litigation in which one or both parties are two or more persons, and the subject matter of the joint litigation is the same type of litigation, and the court finds that it can be tried together, and the parties also agree to join the trial. Contact:

Both are a distinction between class actions in civil smart hand litigation: the subject matter of the necessary joint action is the same, and the court must join the trial; The subject matter of an ordinary class action is of the same kind, and the court and the parties believe that they can be combined before they are joined. Article 52 of the "Civil Procedure Law of the People's Republic of China" provides that where one or both parties are two or more persons, and the subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the people's court finds that it may be tried together with the consent of the parties, it is a joint litigation.

Where one of the parties to a joint litigation has common rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other joint litigants; Where there are no joint rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is not effective against the other joint litigants.