On The Basis Of Joint And Several Liability

Joint liability is an old-line system of legal liability, which can be tracked back to the time of the Roman Law. In our ancient time, it also occurred early. Until now, there still exist many regulations about Joint liability in current civil and commercial law. These regulations involve many fields of department laws, such as the contract law, company act, tort, partnership, security and bill, etc. The judicial interpretation still contains a lot of regulations about Joint liability. Seen from this, it is obvious that the Joint liability is a significant legal institution. However, it is clear that in our country, the Joint liability is set in other laws slatternly. In form, the legislated regulations about the Joint liability are in a mess. In content, there exists inconformity among the regulations of laws, even conflictions; all of these eventually lead to the disorder of application and the link of practice. The author proposes that there are two reasons of above problems: one is the technique of legislation and the second one, which is more important, is that the theoretical study of the Joint liability is not enough, especially that there is still no clear and unified understanding of the foundation of the Joint liability. Due to this reason, the author chose the thesis of foundation of Joint liability and intends to study on some basic problems of Joint liability in order to give some clues of solutions of the above problems.In order to study the foundation of the study, it is necessary to study its connotation, whose aim is to study the ultimate reasons or basis of the Joint liability. In some places, it is named as the happened basis of Joint liability, generating basis of Joint liability, generating cause or the contributing reason of Joint liability. The author thinks that they are only inconsistent in entitles, the content, otherwise, is identical. The above description is the main content of the introduction of this paper.The first part is the basic meaning of the Joint liability. In this part, the author mainly studies the concept, features and the historical interpretation of Joint liability and distinct the concept of Joint liability from unreal Joint liability or complementary responsibility, which makes some necessary preparations for the further study.The second part is the analysis of the legal principle, which takes most places in the whole paper. First, the author argues about the wrong views of the equivalence of the main content and foundation of the Joint liability. The foundation of the Joint liability can be interoperated as which can cause the situation based on litigant's agreement or the legal stipulation which the joint and several liability produces. Lots of scholars simply list the main contents of the Joint liability when they studied the foundation of the Joint liability, which is in fact the simply carding of the cause of the Joint liability. The foundation of the Joint liability however should be the deeper and theoretical reason of cause of the Joint liability. Certainly, it is valuable to study the cause of the Joint liability, which is the basis of the study of foundation of Joint liability.After distinct the relationship of the cause of Joint liability and the foundation of the Joint liability, the author makes further study of the cause of the origin of the Joint liability according to the two category of the Violating the agreement duty and Violating the legal duty.. On the basis of this, the author goes on to analysis the several types of the range of the Joint liability. Apparently, they are independent, extending and paratactic. In order to understand the theme of this paper more clearly, the author concludes the theoretical basis of the Joint liability in the point of view of Jurimetrics.The third part is about the comments of the current legislation to the rules of Joint liability. The author first does the systematic carding of Legal articles which related joint liability of the current laws and judicial interpretation, then analyzes the features of the current legal regulations. Finally, the author puts forward some problems in the current legal regulations.The fourth part is on the basis of the full analysis of the foundation of the Joint liability. At first, the author offers some strategies of the problems which exist in the current legal regulations of the Joint liability. Then he gives some dialectical thinking about four types of joint liabilities from the viewpoints of the foundation of the Joint liability.