On The Division Of Internal Liability In Joint And Several Liability

As a kind of liability type,joint and several liability plays an important role in China’s law.In the overall framework of civil law,there are relevant provisions of joint and several liability in marriage law,tort liability law,guarantee law and other departmental laws,and the concept of internal liability as a subordinate of joint and several liability runs through all the time.From the perspective of internal responsibility,there are some problems in our country’s law,such as lax legislation,complicated and changeable reality,which make it more difficult to make a judicial decision,and lack of supporting judicial procedures.The level of judicial team has been difficult to deal with the current social problems.These problems will cause difficulties in law enforcement and lack of justice in law enforcement,which will ultimately affect the interests of creditors and the authority of the court.Some countries in the world have clear regulations on internal responsibility system.Both the United States and the United Kingdom have reduced the scope of application of joint and several liability to a certain extent.In terms of internal liability,the comparative fault theory or the fault theory is used.In Germany,the relief model specifically deals with the division of internal liability.In the European Union,it is required to be strictly average,and only when there is a "just cause" can it break through the average range.Absorbing the legislative essence of extraterritorial internal responsibility and combining with China’s national conditions is the main way to solve the problem of internal responsibility in our country.Specifically,it is to perfect the division of internal responsibilities in legislation,improve fairness and enhance the level of law enforcement in judiciary.The paper is divided into five parts:The first part is the introduction part,which introduces the background,purpose and significance of the research,the research status,methods and innovations at home and abroad.The second part analyzes the specific concept of internal liability and clarifies the characteristics of internal liability,distinguishes internal liability from other types of liability,expounds the relationship between joint and several liability and internal liability,analyzes the specific provisions of representative internal liability in marriage law,tort liability law and guarantee law,and clarifies that there is extensive legislation on internal liability in China Serious problems.The third part is the problems in the division of joint and several liability.In our country,the internal responsibility is extensive and serious in legislation,the types are not clear,the scope of the right of claim is vague,and the standard of undertaking is not clear.In the judicial aspect,there is no judgment on the order of the object of execution,lack of identification procedure,and lack of internal responsibility execution and reconciliation mechanism.There are some problems in law enforcement,such as lack of credit mechanism,lack of law enforcement supervision power and low level of some law enforcement personnel.The fourth part is mainly about the analysis of the extraterritorial legislation.The theory of comparative fault prevails in the United States,while the theory of fault persists in the United Kingdom.Germany has stipulated four relief modes,which are applicable to different actual situations,and has strictly stipulated the division method of internal responsibility.The European Union has expanded the scope of application of joint and several liability.It adheres to the strict principle of average for internal liability and only allows breaking this equalitarianism under special circumstances in order to protect the interests of creditors.The fifth part is to put forward suggestions,in view of the legislative issues,we should improve the legislation on the division of internal liability,clarify the types of joint and several liability,clarify the scope of the right of claim,and clarify the procedural provisions on the standard of joint and several liability.For the judicial issues,it is pointed out that to improve the fairness of the judiciary,specifically,it is necessary to clarify the order of the internal responsibility implementation object,standardize the internal responsibility identification procedure,and establish the internal responsibility implementation reconciliation mechanism.In the stage of law enforcement,we should improve the level of law enforcement,improve the credit mechanism,strengthen law enforcement supervision,and improve the quality of law enforcement personnel.