The Research In The System Of The Joint And Several Liability

As an important part of liability system in the civil law, the joint and several liability have a lot of advantages which other kind of liabilities don't occupy, and it has become a good weapon for obligees to protect their own rights. With the development of economy, the function of the joint and several liability is becoming more and more important, although the research for the joint and several liability in China is not enough not only in the theory, but also in the practice. We have not offered a definite definition and bound for the joint and several liability, so there are also a lot of debates for the division between the joint and several liability and other kind of liabilities, which then induce the abuse of the joint and several liability in practice. For the phenomenon above, the author tries to analyse and research the joint and several liability, and gather all my thought in one thesis, which I hope can be useful for the development of the study for the joint and several liability.This article is divided into four sections.Firstly, the author lists some different ways of concept for the joint and several liability in the circle of theory, which makes us understand the necessity to define the joint and several liability. Then the author tries to make out the differences between the concepts of liability and obligation and offer a concept for the term of liability. In addition, the author compartmentalizes the associate relation into three kinds based on the development of the joint and several liability-the associate status, the associate meaning, the associate benefit. At last, the author makes a conclusion for the concept of joint and several liability and generalizes the value in law for it.In the second part, the author analyses the differences between the joint and several liability and other kind of civil liabilities. Firstly, the author provides the composing element for the joint and several liability, based on which, the author analyses the similarities and differences between the joint and several liablility and shared liability, supplemental liability, vicarious liability and offer a clear extent for the joint and several liability. In the third part, the author tries to research the typisierung of the joint and several liability. According to the kind of associate relation, the author divides the joint and several liability into four part-joint and liability based on the associate status, the joint and several liability base on the associate meaning, the joint and several liability based on the associate benefit and the joint and several liability base on the legal rule, then the author generalizes all the specific kind of the joint and several liability of different types of the joint and several liability, which make the theory of the joint and several liability more systematized and clear.In the last part, based on the research and analysis above, the author brings out some advice in the legislation.