A Research On Joint And Several Liabilities Action

This article includes introduction and four chapters of the text.The introduction part briefly introduces the research background and the presentsituation as well as the topic of this article and the significance.The first chapter has analyzed our country joint and several liability litigationsystem present situation and the existence question. First to a joint and severalliability litigation case for the introduction, put forward how to properly solve thejoint action of debt problem. Then from our current criminal procedure law on jointaction based on the relevant regulation of joint action of debt this special joint actioncases in China’s legal application situation. Again, based on the above casepreliminary analysis, point out our country joint and several liability lawsuit systemthe advantages and existing problems, and further expounds the reasonable solution tojoint action of debt problem is to determine the key and core of joint and severalliability litigation mode.The second chapter clarifies the joint and several liability entity mechanism.Joint and several liability litigation involving both the joint and several liability thesubstantive legal issues, and relates to a common procedure this procedure lawproblems. To understand" what kind of joint debt litigation litigation" premise, needto joint debt meaning, characteristics and physical mechanism and different types ofcommon lawsuit meaning, characteristic and the action principle, and then on thebasis of the theory, from the substantive law and the procedural law to analyze thejoint action of debt problems, in order to give a scientific and reasonable solution.This chapter describes the joint debt meaning and system setting value, focus on theanalysis of the joint and several liability nature and effectiveness, point out the jointdebt is essentially a number of relatively independent debt, joint debt of absolutevalidity issues reflects the joint debt of the joint, the joint debt for further analysis ofthe litigation right theoretical preparation.The third chapter discusses common action, inherent necessary joint action,similar necessary joint action, quasi necessary common lawsuit litigation principle.This chapter introduces the different types of common lawsuit meaning, characteristic and action principle. Comparative analysis of the various types of key joint actionspecific procedural rules of function and difference. For further analysis of joint andseveral liability litigation form to give theoretical support.The fourth chapter analyzes and solves the problem of joint action of debt, givesthe conclusion: joint action of debt due form is necessary joint action. In this chapter,the second chapter and the third chapter provides theoretical basis, first by thetraditional theory of litigation object" old law " as the theoretical basis, pointed outthe joint debt of the litigation can be divided into a number of relatively independentof each other, the object of litigation. Secondly, combining the case, from two aspectsof theory and case analysis of different types of joint action in solving the joint andseveral liability litigation on the advantages and disadvantages, and then points out: ifthe joint action of debt as inherent necessary joint action, common action or similarnecessary joint action to deal with difficult to coordinate, theory, practice or not fullysafeguard litigant entity right and procedure right, either to avoid the contradictoryjudge, realizing the unified; if the joint action of debt as a necessary joint action todeal with, theoretical comparison of coordination, practice can maximize the jointaction of debt entities and procedural requirements, as far as possible both partiesrights protection and judicial referee uniform requirements, is a better choice. Finally,in view of the issue preclusion validity adverse expansion led to the debtor’s rightsdamage problem, combined with the issue preclusion favorable expansion principlethe paper introduces auxiliary attend and participate in energy system, further improvethe necessary common lawsuit system. For the better application of quasi necessaryjoint action to solve the problem of joint action of debt, this paper finally puts forwardlegislative proposals.