Difficulties And Solutions Of The Execution Of Cases About Joint Liability

As an important kind of civil composite liability, joint liability has been of greatLegal value since its appearance, it can maximize the protection of t the rights andinterests of right holders, and make these rights and interests to be achieved timelyand fully. Just for this reason, it has attracted increasing attention in the legislation ofeach country, and so as in China. In China, it is widely used in today’s civil andcommercial activities, and trend to be wider. As a result, as the growing of the numberand type of civil and commercial cases, cases about joint and several liabilityincreasing too, and that cases need to be executed also increase. At the same time,arbitrary, blindness and many other questions arise when the courts executing thesejoint liability cases. These disadvantages not only will prevent the case to be executedsmoothly, but also will cause a series of social problems. So, researching ondifficulties and solutions of the execution of cases about joint liability is verymeaningful.This paper will be divided into three parts:The first part is mostly going to analysis the basic knowledge about the casesabout joint liability. Firstly, I will define which are cases about joint liability, andclassify these cases which are common in judicial practice briefly; then, conclude thecharacteristics of the execution of cases about joint liability with the method ofcomparison and analysis. Compared to the execution of the general civil cases, theexecution of cases about joint liability has three characters: the first one, in thesecases there have several objects to be executed; the second one, the method to executeis alternative; the last one, there is a special internal right of recourse in these cases.The second part is mainly going to analysis the execution current situation aboutjoint liability. Firstly, I will analysis the questions existed in the execution of casesabout joint l liability which I conclude as arbitrary, blindness, the executiveproceeding acted as the suit proceeding, and the execution did not follow the legallyprescribed procedures. Then I will mainly analysis the reason that there difficulties inthe execution of cases about joint liability exist, ranging from substantive law toadjective law, from the legal defect of joint and several liability, to the deficiency ofspecial proceedings of cases about joint and several liability and to the lack of the ruleof execution of cases joint and several liability. In the third part, I will express my ideas and propose suggestions of how toresolve the difficulties that existed in the execution of cases about joint liability in ourcountry based on the theoretical analysis expatiated earlier. Firstly, to perfect our jointliability, there should be a revision of legislative value of joint liability, and shouldperfect the legislation of joint liability, specify the difference between joint liabilityand other several liability. Secondly, establish a group of just and efficiency legalproceedings. Lastly, perfect our legislation about execution to regulate the executionof cases about joint liability.