Analysis Of The Unreal Joint Obligation From A Case Of Employee Injury

The Controversial points that extracted from a real case of injury compensation, that is, the responsibility and claims shall be born by the employer and the infringer and the lawsuits shall be appealed by the employee that violated by a third party in the course of employment, leading to death or injury. Under the circumstances of several anspruch coexisted by claimer that ambiguous to the current legislation, many kinds of opinions were existed in dealing with the case, weather one in them should be enforced or not and how to enforce. The disagreements of academic are listed for the further discussion of the relationship between the injury compensation and tort liability and the national processing patterns. The four major processing patterns in the worldwide, namely, the alternation pattern, the substitution pattern, the dual-obtain pattern, the complement pattern and the changed pattern cross the promulgation of the national pattern according to the "Issues on Compensation for Personal Injury cases to the law interpretation application of Supreme Court ". Owing to the analysis and discussion of the focal point depends on the research and introduction of the unreal joint obligation; This paper will begin by the theory of the unreal joint obligation via the academic systematic viewpoints to classify and generalize comprehensively to the definition, the legal characteristics and enforcement of the unreal joint obligation. The unreal joint obligation should be defined as most of the debtors for various reasons, accidental occurrence arising from payment of the same nature, should fulfills his obligations, and because of the debtor's discharge, the performance is attributed to the elimination of the debt for the whole debtors within the scope. This dissertation dwells on its distinct legal characteristics, that is, mainframe, content, reasons and influences. The unreal joint obligation has its own various forms, has similarities with the joint obligation and the parochial Anspruchskonkurrenz, which belongs to one kind of Anspruchskonkurrenz under its roof, but also with its obvious differences, and it will be raised the exhaustive discussion in the article. Based on analyzing and studying the connotation and basic principles of the unreal joint obligation, further discussing of the focal point, this paper will put forward the opinions separately, aiming to the various viewpoints aforesaid. As no basic and specific provisions of the unreal joint obligation in the national legislations, and no clear stipulation in our legislation, it only reaches the edge of some single legal and judicial interpretation, while it is frequently encountered in the real life and trail practice. Therefore, either the confirmation of the subject of the unreal joint obligation, or the identification of the legal relationship, or the rights of the lawsuit is messed in the judicial practice. With regards to this, the viewpoints of the unreal joint obligation in the judicial practice application will be represented, in hoping to unify the approach of the whole institutions for the lawsuits of it, and to provide some references to the promulgation of the regulations and legislations in the future, which can benefit for the administration of the judicial practice application.