Joint And Several Liability Theory

Although joint and several liability is commonly put into use in lawsuits, it is often overlooked in legal principle studies. Court judgment to joint and several liabilitrrty of judicial act is totally in disorder. As far as the basic goal of legislation is concerned, the purpose of the practice of the joint and several liability is to ascertain the right of the obligee to make a safe transaction and guarantee the relief of the aggrieved party. However, the goal is achieved through the interest sacrifice of the liability insurer but not through the risk acceptance of the obligee. To avoid limitless expanding of the risks and to reduce the cost of the safe transaction, joint and several liability should be legalized. Plural liability insurers bear civil liability in different ways whit which we need to compare in order to reveal the essence and character of the joint and several liability for practical use.After an analysis of the debt and liability, the article defines the concept of the joint and several liability. Making the concept as a hypathesis, and based on basic goal and causal reason, it discusses the character of the joint and several liability, After comparing the ways of bearing civil liability in several law cases of most liability insurers, it further explains the characteristics of the joint and several liability. Finally, the article points out some flaws in several case judgment to joint and several liability, and puts forward some advice on the ligislation design for establishing our county's joint and several liability system.