The Claim Under Joint Liability And Supplementary Liability

The claim is the legal effect that the parties want to achieve through litigation,and has a limiting effect on the object of the court judgment.This article starts from the phenomenon that there is inconsistence between claims and judgments in current practice concerning joint and several liability or supplementary liability,exploring the necessity of determining the form of responsibility from the perspective of effective execution,analyzing the specific composition of claims concerning joint liability and supplementary liability,by discriminating the difference between the legal effects produced by the joint and several liability claims and the supplementary claims,pointing out the drawbacks of the judgment made by the court which is different from the form of responsibility requested by the parties.This article is divided into five parts expect the abstract.The first chapter is an introduction,introducing the background and practical significance of the topic.By arranging the results of domestic and foreign relevant research,on the basis of the current research,extracting the main research directions and research contents of this article,then comprehensively expound the innovation points and the research goals to be achieved.The second chapter puts forward the viewpoint of this article through typical cases and comments on practical views:In cases concerning joint liability or supplementary liability,the parties shall make a clear request for the form of responsibility of the defendant in the claim.If not requested,the court shall not directly decide whether the defendant shall bear joint or additional liability or additional liability,if requested,the court can not directly make a judgment inconsistent with the plaintiff s request.The third chapter discusses the necessity of the parties in the request for litigation to assume the form of responsibility in claims from the perspective of effective execution,combines the specific content of the party's claims in practice,proposes the specific composition of the claim concerning joint liability and supplementary responsibility,and emphasizes the appropriate interpretation of the court to achieve the legal effect of the unity of appeal.The fourth chapter distinguishes the legal effects of the entity and procedure arising from the claims concerning the joint liability and the supplementary liability,illustrates that based on the difference in the legal effects of two different forms,when the parties make a wrong request for the form of responsibility between the responsible persons,the court directly decides that the other form of responsibility violates substantive justice and procedural justice.The fifth chapter summarizes the main points of this article and draws conclusions.