On The Application Of Law That Does Not Really Have Joint Responsibility

Is not the real joint debt as a special form of tort liabilities,with the promulgation of \"tort liability law in China has got extensive development and recognition.,however,the current development of China's civil law,we can see some not really joint and several liability applicable rules,but not on the clear definition and scope of application,this uncertainty will greatly hinder the judicial practice of our country's,according to the characteristics of the tort liability,should further definition is not the real joint debt of the applicable rules and the applicable scope,further defined standards,to ensure the accurate definition of the tort liability law in the judicial practice is not the real joint debt.Not really joint and several debt a word meaning in the civil law,is that for the same debtor,there are multiple and creditors may require that any one or more of the debtor to perform the duty of all but in these all have to perform the obligation of the debtor,but there is a will not bear the ultimate responsibility for the debtor.Not true of the unique nature of the liability cannot,in the process of tort law applicable,fair principle of responsibility distribution.Don't really even the principal responsibility is produced under the impetus of the social reality needs.In judicial practice,is not the real joint liability and joint liability,press a responsibility,but not completely to joint and several liability,according to the applicable rules of duty.It is in the judicial practice by the proposed depending on the type of special cases.Domestic and foreign many scholars view of concept is not really joint and several liability,and controversial.And the judicial practice of increasingly not really joint and several liability tort case how to deal with disputes.In this paper,not the real joint liability in tort law applicable process should be how to understand and apply,including not really joint and several liability of the concept,composition,the typical and important how to undertake responsibility allocation in the case,the judicial practice for litigation mode should be how to choose,how should express written judgment,etc.,will make a clear definition of the applicable rules of not really joint and several liability.Our country \ "general principles of the civil law\" stipulated in the joint and several liability,namely all or the guarantor to bear the responsibility of the infringer,any bear the full responsibility of the infringer or the guarantor shall have the right to the other shall assume responsibility without responsibility jointly responsible recourse against its share shall bear the corresponding responsibility.Without real joint and several liability is different from joint and several liability,the only one in its final responsibility undertaker,and distinguish between is not really joint liability and joint liability in the judicial practice for a person,how to distinguish the infringer is of great significance.This paper's another key,is how simple and clear distinction between joint and several liability and not really joint and several liability,in the judicial practice in the case of infringement or informal lending,in terms of responsibility,first of all,to distinguish is the infringer or the debtor shall assume what responsibility,thus determine its shall bear the responsibility of the share,in the joint and several liability and therefore not really joint and several liability under the condition of overlap,how in the level of the judicial practice to distinguish between these two concepts,and in the way that different responsibility under the premise of how to determine the responsibility of the person who is very important.