Research On The Legal Issues Of The Non-really-joint Liability

Non-really-joint liability system is one of the tort liability form, at present thetheoretical research is mainly from the point of view of the law of obligation to study,the author through various data collection to understand this problem, the researchlevel and not enough detail.Generally speaking, generally from the basic concept andrelevant system and the difference between the perspectives of research and analysis,and to not really joint and several liability of the stereotype research are rare, evenwith individual scholars research also basic is to you before the academic all basicpoint of view, if not combined with our country socialism government by law processdevelopment and social political and economic situation to interpret the system.Ourcountry "tort liability law is the law of the development of the society to adapt to theprocess of product, the method to solve the involved in judicial practices do not reallyjoint and several liability the tort liability form of some legal problems, to avoid thejudicial practice legal operation difficulties.However, we should also realize that our country tort liability law involves notreally joint and several liability system to the law still is enumerated, and no sex or theprovisions of the general principle, and even did not specify not really joint andseveral liability system applicable rules and the suitable space.Of course, theappearance of these problems with the system of in-depth research has the very bigrelations, in this, the author of this paper is to research findings and judicial practiceto make reference to.In this paper, the author from different angles refining analysis do not really jointand several liability system meaning and legal characteristics, the author gives theconcept of joint and several liability don’t really consider the joint and several liabilityfor the space between them and the limits of the actual problems, from the point ofview of the tort liability law given concept definition and legal description, of course,the author combines the traditional not really joint debt concept and requirements.Furthermore, the author of the system of individual scholars the surviving questiongives the reasonable solution, and at the same time, fully demonstrates the systemlegal value and the practical needs of the judicial practice problem.Of course, theanswer is to not really joint and several liability system stereotype and its applicable space service, and then, according to the traditional not really joint and severalliability system lack of stereotype and individual scholars proposed a new perspectiveto the analysis of positioning, on this basis, the author puts forward his own stereotyperules.In the last part, the author from the two aspects of substantive law andprocedural law fully demonstrates the application of this system difficulties and thesolution, it is also the author’s another innovation point in.Of course, limited to thetheoretical level and judicial quality deficiency, whether it is typed or interpretation ofthe space will not reasonable place, hoped later scholars can more in-depth study ofthe problem, for our country’s socialist rule of law process contribute humble way.