訴訟標的視角下一般保證糾紛之訴訟形態分析

Analysis of the Litigation Pattern of General Suretyship Contract from the Perspective of the Subject Matter of the Litigation

在司法實務中，一般保證糾紛因糾紛事實範圍之界定而導致必要共同訴訟形態的適用被不當擴張。這種做法並未嚴格遵循共同訴訟制度在規範層面所採的訴訟標的判斷基準。因而在對一般保證糾紛所涉共同訴訟形態予以修正調適時，需重新回歸至訴訟標的理論進行思考。在廓清訴訟標的與案件事實關係的基礎上，可從解釋論視角得出結論：一般保證糾紛應採普通共同訴訟形態。此外，在一般保證糾紛所涉主體單獨被訴情形下，應就構建參加之訴的必要性等問題予以回應。

From the view of maintaining the state order in ancient China, the crimes of fallacy and treason are the most serious threat to imperial politics, so it had became the focus of the national legal In judicial practice, it is generally guaranteed that the application of necessary joint litigation in suretyship disputes is improperly expanded due to the definition of the scope of the facts of the dispute. This approach does not strictly follow the benchmarks adopted by the joint action at the normative level to judge the subject matter of litigation. Therefore, when revising and adjusting the form of joint action involved in suretyship disputes, it is necessary to return to the subject matter of the litigation for consideration. On the basis of clarifying the relationship between the subject matter of the litigation and the facts of the case, it can be concluded from the interpretive perspective that suretyship disputes should adopt the form of ordinary joint litigation. In addition, in the case of a separate lawsuit involving suretyship dispute, it is necessary to respond to issues such as the necessity of using intervention.