On The Unreal Joint And Several Liabilities

With the rapid development of the market economy and social progress in our country, the unreal joint obligation has been more and more spewing out in people's life. Due to the lack of intensive research on both theory and practice, there is little legal norms or very clear rules to deal with the unreal joint obligation in our country, as a result, there are many problems in the judicial practice.How to solve the problems scientifically and effectively? This article elaborates this question from the following three aspects:The first part shows the basic theory of the unreal joint and several liabilities. On the basis of comparing the research achievements between domestic and overseas scholars, define a scientific definition for the unreal joint and several liabities concept. The analysis includes the main body aspect,the object aspect, the subjective aspect,and the objective aspect.Then,this part would clarify the traditional classification of the unreal joint and several liabilities, meanwhile the standard classification would be studied as well.The second part analyses the effectiveness of the unreal joint and several liabilities. The demonstration would be well arranged according to the internal validity and the outer validity. And then a hierarchical decomposition on the internal validity focusing on whether the ultimate liable person should be the standard would end this part.The third part overviews the current processing approaches in judicial practice about the unreal obligation and proposes some would-be process principles and specific rules dealing with such cases according to the current laws and judicial practices in China with the purpose that may perfect the legislation on the unreal joint and several liabilities.