A Research On Joint And Several Liabilities Action

This paper researches three questions of joint and several liabilities action. The first is the form of action. There are three opinions in the academic research and practice, which are analogous necessary joint action, permissive joint action and quasi—necessary joint action. In this section, the author think that we should classified joint and several liabilities action using the perspective of protecting right of appeal. Since joint action is the subjective joinder of action. In the proceeding it is necessary to found the absolute effectiveness of matters according to the provisions of the substantive law. However, the rule syncretic certainty in necessary joint action roles in the objective of action, not the common facts. It is consistent with the substantive law to use the rules of permissive joint action in dealing with the joint and several liabilities action. The technology common claim and evidence ensure the unified found of the absolute effectiveness of matters in most cases.In this thesis, the author really appreciates that the enclosed system formed by joint action classification theory may not possibly solve all the cases, that is to say, some cases can't be classified into this system, which is bound to cause differences in result in practice, and accordingly conflicts among judges are inevitable.The second is the objective of joint and several liabilities action. The objective of action relevant to the external scope of res judicata plays a backbone role in civil action and has effect on the possibility of the following appeal and that of judicature's extending hereby. It's uncontroversial to the point that the objective of joint and several liabilities which are generated from many legality actions includes many different legality relations. There is joint and several liabilities action, which is based on legality action and non-legality action, exists in substantive rules, for example one party of the spouse is engaged in legality relations by loaning from the loaner, the other party is with responsibility for joint and several obligation. The objective of action under this circumstance is deemed of great importance in practice. Different understandings may cause different scopes of non bis in idem, and it has enormous effect on the following appeal of prosecutor. All in all, it is not only a question that analyzes the relations in substantive rules but also a comprehension related to the function of res judicata.The third question is jurisdiction effectiveness. The essentiality of this question, which is prescribed in constitution in some countries, lies in that it interdicts the party's right of suit, directly. The most basic and influential essence in effectiveness of jurisdiction is res judicata.The effect of judgment applied in the latter action is not res judicata,but the reflect effect, when the creditor gets a judgment for one debtor. This part discusses the relationship of the reflect effect and res judicata, how the substantive law mechanism impacts the effect of judgment in joint and several liabilities, how the reflect effect impacts a latter lawsuit, and the reflect effect of mediation agreement.The above is the summery of this thesis. The author has neither enough knowledge of civil action theory, nor rich experience in practice, while the reasons why the author chooses this topic are to clarify lawsuit phenomena usually met in practice, to solve similar cases in jurisdiction practice and all that. In the research technique, theory with practice, procedure with entity is the method and the manner which this article runs through all from beginning to end.The paper is about total 40 thousand words.