| As a kind of civil composite liability, joint and several liability generally presents in civil and commercial legal relationship. Joint and several liability litigation as its procedure law application, undergoes with different patterns in various national law system, since both in theory and practice there is no strong argument adopted by various countries especially in the common action with more than two joint debtors involved. Joint and several liability investigates two or more persons'liabilities, and naturally connects with common law action. In German's civil law theory, joint and several liability does not necessarily happen in common law action. In Japan, the joint and several obligation lawsuit has its special expression, for example, the lawsuit with main debtors and Guarantors prosecuted also belongs to general common lawsuit. Some scholars advocate that joint and several liability lawsuit applies to quasi-joint action. Some scholars think that joint and several liability lawsuit is similar to necessary joint action, while some seek the elastic inherent necessary joint action theory to explain the joint liability.This article can be divided into three parts. In the first part, it discusses the concept and nature of joint and several liability, analysis the difference between joint and several liability and joint and several obligation, and explains the basic theory of common joint action, its action object and its relationship with the same trial object.In the second part, it discusses the advantages and disadvantages the joint and several liability lawsuit may present, if it is applied in inherent necessary joint action,similar necessary joint action,common joint action and quasi-joint action.In the third part, this article advocates the common joint action should be the best expression of joint and several liability,it also designs the application pattern and introduces the common evidence principle to escape the short-comes the common lawsuit may produced. |
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