Research On Joint Action Types Of Joint Tort Liability

The joint litigation type of civil joint tort liability is a problem involving both substantive law and procedural law.The provisions of joint and several liability are intended to fully protect the civil rights of the obligee in order to obtain the most comprehensive damages and other relief.The law of our country prescribes the circumstances of joint and several liability in the substantive law,and regards it as one of the necessary cases of joint action in judicial practice.However,this approach lacks legislative and theoretical basis in procedural law,which makes the selective claim right of creditors unable to be realized in litigation,and the purpose of joint and several liability system is also unable to be achieved.The study of joint and several tort liability is helpful to straighten out the procedural connection between substantive law and procedural law,to better protect the interests of all parties,and to further promote the optimal design of civil joint litigation types.The litigation form of joint and several liability cases should be based on the relationship between procedural law and substantive law,and should be designed according to the characteristics of joint and several liabilities.The inherent concatenation of joint and several liability makes it impossible to apply the common joint action,and in order to guarantee the creditor’s right to exercise the right of joint and several liability,the inherent necessity of joint action also has some discomfort,therefore,Similar necessary joint action has become the choice of litigation type of joint and several liability cases because of its divisible and comparable characteristics.But the current classification of joint litigation in our country is relatively single,and it has not subdivided the inherent and similar necessary joint litigation types under the necessary joint litigation,which also leads to the lack of perfection in setting up the rules of action effectiveness of co-litigants.Therefore,while adding similar necessary types of joint litigation,we should perfect the rules of conduct of co-litigants.At the same time,the third-party system without independent claim and the third-party withdrawal should be taken as its supplement,so as to make up for the deficiency of similar necessary joint action itself.