On Real System Of Joint Debt

The paper is caused by an ordinary accident, and a victim obtains two different legal-relationship damages'claim rights due to the traffic accident: One is produced by the labor relationship; The other is caused by traffic accident tort. However, the two legal rights are called the unreal joint and several liabilities in theoretical field. Although there are many studies on unreal joint and several liabilities, the provisions about the unreal joint and several liabilities are few, which just patch in the related laws and judicial interpretations. But as the social life changes and the social legal relationships become more and more complicate, the system of unreal joint and several liabilities attracts people's attentions. Nevertheless, there have only a small amount of provisions on the unreal joint and several liabilities in China, and without uniform principle rules and judicial application rules, it can't meet the needs of social life, then as a result, the judges in different places have inconsistent understandings and applications of unreal joint and several liability system in the judicial practice, so that lots of victims can't fully protect their own legitimate rights and interests, which have resulted in the confusion of judicial practice at last. So the paper analyzes and studies the unreal joint and several liabilities with an ordinary traffic accident in all aspects ----its concept,composition,effects and a comparison between related domestic and international rules, in order to provide references for further improving the unreal joint and several liabilities system and the judicial practice. The paper is divided into four parts:The first part, is about the case for the study. It introduces basic facts and the result of the case to make sure the research direction of the paper by a real-world case.The second part, is about the concept,constituent elements and effects of the unreal joint and several liabilities. With the analysis and study of the theory of unreal joint and several liabilities, this part makes us understand the unreal joint and several liabilities more comprehensively and profoundly.The third part , is about a comparison of related domestic and international rules about the unreal joint and several liability system. By the comparative analysis of unreal joint and several liabilities systems between other countries and districts and China, it further researches the current situation of the unreal joint and several liabilities system.The fourth part, is about the improvement of the unreal joint and several liabilities system in China. In view of the disadvantages of the unreal joint and several liabilities system, the author raises comments and suggestions to improve the unreal joint and several liabilities system, looking forward to help the legislation and judicial practice.