Joint Debt Is Not Really About The Legal Analysis

Because of the rapid development of socialist market economy, trading activities have become increasingly frequent, appears in the form of civil isutes with Japan and the number of growth, especially with joint debt is not really the nature of the disputes often arise in the judicial practice, but China's current legislation there is no established system of joint debt is not real, so no laws in the judicial practice of not really dealing with joint debt of the different standards, to treat the majority of the joint debt, which has caused a is carriage of justice to deal with chaos. This will not only fail to maximize the protection of the legitimate rights and interests, but also violated civil law to achieve justice and the ultimate goal. In view of the system is not really even the debt in our current situation, as a learner of law, I think it is necessary to discuss the option of specific cases of talk about again and again with no real debt system in our research, legislative and judicial situation, and for China's current situation, make recommendations to resolve such disputes.The first part of this debt through the joint is not really a typical case raises two cases to resolve such disputes focus on two cases and then analyze the controversy and put forward their point of view, concluded:joint debt of the dispute is not really correct processing, we have no joint debt with the system, which leads to not really even the debt system.The second part is not really the theory of joint debt of the system, the first joint and several liabilities that do not really discussed in detail the definition and, secondly, from the five briefly discusses the composition of the debt is not really related elements, once again, of the non-the type of real joint debt, compared with joint joint debt is not real debt, according to copies of the debt, contact the number of people without meaning infringement debt, the difference between common risk behaviors, and finally, detailing the legal effect of the real joint debt, (internal validity and external validity) and summarized in judicial practice litigation.The third part is to solve the debt problem is not really related countermeasures. First, the proposed system in our existing joint debt how to deal with countermeasures is not true, then I further put forward a sound joint debt of the legal system is not really relevant recommendations.