The Application Of Civil Joint And Several Liability

As an important form of civil liability, joint liability is the result of development of commodity economy. With the development of commodity economy and the perfection of legal system, the theory of civil joint liability is constantly developed and perfected. However, because of defects of civil legislation and the shortage of civil law culture, serious misunderstanding and abuse of civil joint liability still exist whether in theory or practice. As a consequence, it is indispensable to make a further and comprehensive study of the civil joint liability, with a purpose to make a contribution to the law study and judicial practice.Through exploring the basic theory of civil joint liability, this article emphasizes on the evaluation and analysis of the application in legislation and judicial practice, attempts to interpret the flaws thereof and put forward some guided principles for the legislation and judicial practice of civil joint liability system. The purpose of this article lies in understanding, commanding and enriching the basic theory of joint liability, so as to guide the judicial practice, ensure the legal rights of the right-possessor, secure trade and stabilize the normal economic order.