Joint And Several Civil Liability System

The joint and several liability system could supply the better protection of the interest for the creditor compared to the general liability system, so that the joint and several liability system plays a very positive role in the legal practice. But this liability system has not been perfected especially in the theoretical and in the legal practice in China. Therefore, it's necessary for us to do further research in the joint and several liability system.The first part, based on the distinguishing of the liability and the debt, the author gives the definition of the joint and several liability system. The author thinks that the joint and several liability is a kind of liability in which there are more than one person who have broken the contract or violated the law and any of them should have the duty to undertake the total responsibility. This article analyzes the specific expressions of the joint and several liability, and summarizes its essence to the four points. The author thinks that the joint and several liability is a combined liability; all the responsible persons have the same responsibility to undertake the duty and the undertaking of the liability has the common purpose. The value of this system reflects the social fairness and can enlarge the number of the total asset in order to protect the rights of the creditor.The second part pays more attention to analyze the differences between the joint and several liability, the proportionate liability, the supplemental liability, the unreal joint and several liability and tries hard to define them.The third part is the general ideas and the suggestions the author gave to the joint and several liability system. In order to perfect the joint and several liability system, the author suggests that there are several ways we could do to make full use of this theory. This theory requires very specific and logic skills in the legislation. The author also lists some amending advice to the current law articles. The thesis holds the opinion that courts have the right to take the other joint and several responsible...