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我国法律对必要共同诉讼没有进行细致的划分,主要把共同诉讼分为两个方面,第一是共同诉讼人之间是共有关系;第二是必要共同诉讼人之间是连带关系。我国的民事实体法规定了连带关系当事人有进行诉讼形式选择的权利,即可以要求一起诉讼或单独诉讼,但这样的规定又和我国现有的民事诉讼规定有所出入。文章通过分析和论证,指出了我国必要共同诉讼中存在的程序问题,并提出了解决的措施。
The law of our country does not make a detailed division of the necessary common lawsuits. The common lawsuit is mainly divided into two aspects. The first is that there is a common relationship between the common litigants. The second is that the joint litigants need to be jointly related. The civil substantive law of our country stipulates that parties involved in the joint relationship have the right to choose the form of the lawsuit, that is, they can claim a lawsuit or a separate lawsuit. However, such provisions differ from the existing civil lawsuits in our country. Through the analysis and demonstration, the article points out the procedural problems existing in the necessary common litigation in our country and puts forward the solutions.