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在实体法上,不真正连带债务的债权人可以先后向不同的债务人或同时向数个债务人主张权利。但在诉讼法上,关于债权人能否先后以不同债务人为被告分别提起诉讼或以数个债务人为共同被告提起共同诉讼的问题,理论和实践中争议较大。本文从程序法和实体法两个角度进行论述,认为债权人先后以不同债务人为被告分别提起诉讼并不违反一事不再理原则,而债权人以数个债务人为被告提起共同诉讼亦符合我国共同诉讼制度之规定,应当予以准许。
In substantive law, creditors who do not really have a debt may claim the rights of different debtors or several debtors simultaneously. However, in the procedural law, there is much controversy in theory and practice about whether creditors can bring different debtors respectively as defendants to sue or several debtors as common defendants. This article discusses from both procedural and substantive points of view that it is not inconsistent with the principle of non-rebuttal that creditors bring different debtors as defendants respectively, and that creditors bring common debts with several debtors as defendants also comply with China’s common lawsuit system The provisions should be allowed.