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在我国必要共同诉讼制度中,要求凡是双方为两人以上且同一标的,法院必须合并审理,未参加诉讼的其他当事人,法院应当追加,但从当事人权利的保障来看,这种必须合并、追加的制度,在一定程度上侵害到了当事人和其他人的权力,是否违背了民事诉讼法中赋予当事人的处分原则?法院是否违反了“不告不理”的程序原则?本文就针对这一系列问题进行深入分析。
In the necessary common litigation system in our country, all parties and courts that have not joined the lawsuit must be added in cases where both parties are two or more people and have the same subject. However, judging from the protection of the rights of the parties concerned, this must be consolidated and added , To a certain extent, has infringed upon the power of the parties and others and violates the principle of disposition endowed to the parties in the Civil Procedure Law? Is the court violating the procedural principle of “ignorance?” In this paper, Series of issues in-depth analysis.