Research On The Judicial Application Of The Unreal Joint And Several Liability

As an important civil law system, since the German scholar Eisele first put forward the unreal joint and several liability issues, this system has been widely used in Germany,Taiwan and other countries(regions)in the judicial practice. But for a long time, the scholars of various counties have different views on the concept, structures and independence. The unreal joint several liability is admitted widely in China.But the related provisions are less, only sporadic scattered in the laws and judicial interpretations. And the related cases in judicial should be solved with theory. The judge’s knowledge level, the level of the understanding is different. Therefore, there are differences on how to accurately identify the judge of legal relations, how to choose an effective mode of action, how to correctly exercise the right of appeal and other issues. The judicial application of unreal joint and several liability is the problem to be solved in this paper.This paper consists of four parts:The first part is to discuss the passengers personal injury litigation dilemma. Through the introduction of a real case of passengers personal injury compensation, the author sums up the controversy, and reflects the problems in the litigation of the case, and further points out the main problems in the judicial practice. Due to the lag of legislation, there is no system of clear legal provisions about the rules for exercising the rights of claim or the rules for realizing the rights of creditors. As a result, different trial standards exist in different regions. Both parties also fall into confusion.The second part is to discuss the basic theory of unreal joint and several liability. The author sums up and summarizes the basic theory, including the definition, legal characteristics, and enforcement, in order to provide theoretical basis for the practical operation.The third part is to discuss the litigation mode of unreal joint and several liability. The author analyzes the theoretical basis of the two modes of action and compares with other litigation system. Finally, the author will make a choice of the two lawsuits modes.The fourth part is to discuss how to resolve the dilemma of passengers personal injury litigation. Through studying the theory of unreal joint and several liability, the author reconstructs the litigation mode of the case. The injury passenger as a creditor can sue several debtors in the same case, in order to settle the dispute once and for all.This paper mainly uses the comparison and empirical analysis method. The author discusses the dilemma of passengers personal injury litigation, and further analyzes the problems in the judicial application. Then the author puts forward own suggestions on the litigation mode, trying to solve the dilemma of passengers personal injury litigation.