Research On Several Legal Questions About The Joint Liability System Of Civil Affairs

Joint liability system is the joint relationship that has been developed gradually into which uses contract, social group relationships and definite provisions by law as the constitutive requirements from which mainly used personal status relationship of consanguine family as the constitutive requirements in ancient times. With the continuous and prosperous development of social economy, joint liability system has been developed into the flourishing stage of individual liability from the stage of collective joint liability and the mode of blood feud.There are great differences about the provisions between British and American Legal System and Continental Legal System in the doctrines of joint liability and legislative modes in western capitalist countries in modern and current times. During the last decades of 19th century, in Germany, social structure has occurred complete and impressive changes, emphases of economic activities have been turned from agriculture to commerce and industry, and subjects of civil affairs which play a leading role in society have been turned gradually from natural person to company, enterprise and even monopoly group made up of natural person. These incorporation organizations have great power to affect economic order and have important effects on every aspect in society. Correspondingly, the guiding ideology of legal precedent has been turned gradually from individual-based to society-based. It is believed in Britain, America and France from the views of practicality and experimentalism that the creditor of joint liability can bring a lawsuit to all debtors, he also can bring a lawsuit to an optional debtor or many debtors when joint liability is thought to happen. Joint liability means that several debtors assume liabilities jointly and separately to creditors, such as partner. If somebody is accused, he can insist on someone else taking part in the lawsuit; if somebody is dead; his ability should be transferred to other debtors in life. But the meaning of joint liability is seldom involved because joint debt has been put more importance in Continental Legal System countries.The development and change of joint liability indicate that this liability system has been continuously completed and applied and has played an important role in the territory of social economic life. We can see that the assuming subject of joint liability also has been changed quietly with the continuous progress of society and the continuous development of economy, from the prevalence of individual ability, further more, to which legal status to assume joint ability are given to some special social subjects, such as company, enterprises and so on. Besides that, it should be mentioned that relative provisions of which if the member of gang does damage illegally, if the danger to do damage can be avoided occurring without his or her collective activity, if the collective activity can be owed to this confederate, these members should assume joint liability about joint and collective Infringement of Right of gang in Civil Code in Holland should be greatly worthy of being used as a source for reference to specify the criminal ability assumed by the members of gang and the scope of civil liability in nowadays that criminal crimes committed by gang happen often, it also has important realistic meaning to protect the benefit of victim as well as prevent and punish illegal activities.Through analyzing the constructive bases of joint liability system, it exposits that the essential characteristic of joint liability is its nature of joint and explains clearly that the most important systematic value of joint liability system is to protect the rights and benefits of creditors to the most extent. Because of the harshness of establishing joint liability, the fullness for the joint liability to protect the benefits of creditors, the indemnificatory of enabling to reduce dealing risks, and its unique exciting function to balance rights and obligations of civil and commercial laws, the above leads to that it can be applied for a long time in the territory of civil and commercial matters and turns on the tendency of continuous developing and becoming strong, its activity level becomes more and more high, which has an positive role in promoting the development of commercial economy, ensuring to realize creditor's rights as well as balancing the benefits between creditors and debtors, debtors and debtors.Distinctive characteristics of joint liability system have been concluded through the comparisons with relative liability forms, that is, the precondition for the establishment of joint liability is the definite provisions about the joint liability by the party involved or the express terms which be in conformity with law, and other liability forms have no such strict requirements. By the means that joint liability and untrue joint compensation obligation as well as supplementary liability are analyzed and compared, we know that these liability forms and other liability systems are continuously being discovered and summarized, by which the studies about science of law and the settlements of cases by judicial departments are offered more visual angles and methodologies, and by which the protection of creditors'rights is offered more ways and rooms. The goals that resolve disputes and stop the conflicts, promote the development of social economy and the harmony and stabilization in society can be achieved by applying different joint systems in connection with different rules of transactions and value orientations.There are a good many disagreements about the opinions and applications of the joint liability system in the law circles and the judicial practice of legislation, in realistic life, legal rules about joint liability only are reflected in parts of department laws, they have no general provisions and lack of logicality and unified adjustment standard, the security of joint liability and the systematic value of order are very hard to be reflected in effectiveness. However, laws and regulations have been continuously adjusted by the country with the prosperous development of commercial economy, some special economic subjects have been given severe liability, such as the company organizer, stockholder and some organizations which are easy to affect the secure order of market economy according to different characteristics of subjects, in this way, its duties and obligations can be normalized and legalized, so that the situations which the laws are evaded and public benefits are harmed because of the special status of these subjects are avoided, but the scope and forms for these special subjects to assume liabilities should be worked out adjustment standard and careful and precise routine practice, or it is hard to be applied appropriately in judicial practice.The guarantee of joint liability and partner's joint liability in partnership are two fairly typical types among numerous regulations about joint liability, these two liability forms are mainly discussed in this paper, especially that different considerations about the guarantee of joint liability as the general provision are put forward. Besides that, on the bases of discussing the problems in the legislation and justice of joint liability system, the provisions bout joint liability in civil laws of Taiwan are used as a source for reference by the author and the suggestions for perfecting this system are put forward, for example, the adjustment standard of joint liability system is suggested to be specified and creditors are given the obligation to optionally fulfill obligors'free discretion, and the scope of establishing the right of claim should be specified, the general situation which uses general guarantee as warrant should be corrected and perfected, the sequence profits of ordinary partner should be established, etc., it hopes that it can benefit for perfecting the legislation and justice of joint liability.