Study On The Improvement Of Joint And Several Liability System In China

Relative to ordinary liability system,civil joint and several liability system carries stronger protection of oblige and deterrent force to those responsible with playing positive role in practice.However,the joint and several liability system in China is imperfect,and there are some deficiencies in legislation as well as justice,so this paper believes that,it is necessary to implement in-depth research on joint and several liability system.Before proposing problems,this paper firstly elaborates the basic theory of joint and several liability system;such as definition of joint and several liability system,characteristics of joint and several liability system,and comparison of similar concepts.Meanwhile,this paper especially discusses about the foundation of joint and several liability system;including subject majority,relevance and identity of damages.The most essential foundation is the relevance of joint and several liability system,containing subject relevance,subjectivity relevance as well as causal relevance.The elaboration of basic theory is to better put forward and analyze problems.According to the relevance as essential foundation of joint and several liability,and combining with the practical situation of Chinese legal provisions,this paper sorts out the status of joint and several liability system in China;covering the subject related joint and several liability,subjectivity related joint and several liability,and joint and several liability based on policy as well as value.Later,this paper introduces the joint and several liability provisions in France and Germany,and combines with the legislation as well as practice in Britain and US.In addition,it proposes some experience for reference according to comparison.At last,this paper expounds the perfection of Chinese joint and several liability system in legislation as well as justice.First of all,it puts forward the shortcomings in Chinese joint and several liability system;including the applicable scope of Chinese joint and several liability system keeps expanding in China;there is blank of joint and several liability system in legislation of executive program;improper restriction situation exist in joint and several liability system,and the joint and several liability system is unreasonable without specific agent authorization.From the perspectives of legislation and justice,aiming at the deficiencies,this paper raises suggestions and solutions: it is necessary to reinforce legislation and restrict applicable scope of joint and several liability;perfect legislation of joint and several liability in procedure;standardize improper restricted situation,and allocate responsibility distinctively when agent authorization is unclear.To discuss about the perfection of joint and several liability system plays important legal sense and realistic significance.It is hoped that,by means of exploring the perfection of joint and several liability system can come forward with valuable contributions so that more people can propose better solutions.