Research On The Judicial Application Of The Unreal Joint Liability System

The emergence and development of the unreal joint responsibility is rooted in the demand of the real life. Several centuries after the German scholar raised Unreal joint liability issues, Although the unreal joint liability has been adopted by the judicial practices of the Germany, Japan, Taiwan and other countries or regions, in the aspects of unreal joint liability and joint liability in the concept, structure, independence, the scholars of the different countries have different views.With China’s economic and social development, unreal joint liability cases in judicial practice have increasingly become a hot and difficult problem. The domestic scholars also have different views on its necessity, theory and application in the civil litigation and dispute. Therefore, the judicial application of unreal joint responsibility is the problem this article will be solved.At least In our current legal system, establishing the unreal joint liability principle has a greater necessity. According to compared and judicial practices investigated to the system of unreal joint liability, unreal joint liability system has a unique reason for its existence. On one hand, unreal joint liability system is the needs of fairness and efficiency of the judicial practice, in the judicial practice of unreal joint liability case processing, the unreal joint liability system can effectively compensate for the deficiencies in the current system. On the other hand is the obstacles of joint and several liability itself obstacles. The joint and several liability to statutory and contractual constitution, its scope is limited. At the same time as the modern legal relationship of high complexity, legal relationship of competition are more and more complex. Therefore, the unreal joint liability system has its independent value in theory and judicial practice.In order to solve the justice application of unreal joint responsibility, from the three aspects of the judicial application of unreal joint and several liability, This paper discuss this problem. That is the practical and theoretical basis of establishment of unreal joint responsibility、Unreal joint and several liability system constitution and its effect, and the judicial application of unreal joint liability in civil procedure law.The first part:the practical and theoretical basis of establishment of unreal joint responsibility. The main contents include the real investigation of unreal joint liability、the distinguish between Joint liability and unreal joint liability system, and the legal value of the unreal joint liability.The second part:Unreal joint liability system constitutions and its effect. The main contents include the Concept and types of the unreal joint liability、 Constitutive requirements and legal effect of the unreal joint liability.The third part:the judicial application of unreal joint liability in civil procedure law. The main contents include the forms of action of the unreal joint liability、the admissibility of the case of the unreal joint liability, and the case decision instrument making of the unreal joint liability.In the judicial process of the demonstration of the unreal joint responsibility, This paper mainly uses the comparison method and empirical analysis method. Through the method of comparison to unreal joint liability for system comparison, analyze the unreal joint responsibility system of China’s judicial application reference. On the basis of system comparison, Using the empirical analysis method set forth to further analysis of specific methods of unreal joint liability in judicial application.