The Consolidation of Related Claims and The Balance of Interests Therein
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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.
Abstract
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.
참고문헌 (17)
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