The Not Really Joint And Several Liability Established In China

With the rapid development of our economy and society, not really joint andseveral debt in real life appear constantly, and it have became a prominent problem inthe judicial practice.Although the systems is not clearly defined in legislation in our country,and thestudy to the problem is also relatively weak,but the not really joint and several debtin is often happen in real life.because of the lack of theoretical guidance and specificlegal provisions,so of such debt disputes in judicial practice is mostly held inaccordance with the regulations of the joint and several debt system,thus cause trialerror.Therefore discussing the establishment of the not really joint and several debt isnot only conforms to our national condition, but also has theoretical and practicalsignificance. This article is mainly to discuss this problem in the following fiveaspects:In the first part, a controversy is put forward through a typical case: the fireworkproducer and Mr zhao should assume what responsibility form, the joint and severalliability? individual responsibility? or Not really joint and several liability?In the second part, the concept of not really joint and several debt is discussed indetai.In the third part,the relation and difference between not really joint liability andjoint liability,by shares responsibility, Supplementary liability, Concurrence ofCivil Liabilities, Vicarious liability etc. are analyzed. We can have a correctunderstanding of independent value of not really joint and several liability throughdistinguishing from the real joint liability with similar responsibilities. In the fourth part, The different classification of no real joint debt are alsodescribed in detail.But The discussion is focus on the classification of no real jointdebt in tort liability. the effectiveness of the no real joint debt are analyzed. Not reallyjoint and several debt can be divided into internal and external validity. Thediscussion is focus on the external validity.In the fifth part,after above analysis,we discussed whether we have theregulation of not really joint and several responsibility in our country.And Ianalyzed the necessity, feasibility and the countermeasures of establishing NotReally Joint and Several Liability in theory and practice in our country.