| The internal claims of joint and several liability is an important civil right,It refers to the joint liability body,who perform or over-fulfill its responsibilities,have the rights to ask those not liable to fulfill their obligations to fulfill their responsibilities.The internal claims of joint and several liability is an internal part of the debt by the joint and several liable persons.It has equity interests to protect creditors and debtors.However, in judicial practice, due to the lack of the necessary legal regulation,the internal compensation of joint liability cases can not be realized smoothly,even caused circular action and cycle execution. For example,judgment,mediation is simply stated in the joint and several liable persons, naturally or half unconsciously ignored the size and share of the responsibilities that should be borne by each individual;Free to choose execution target;Executive officers are anxious to achieve quick success and get instant benefits;Realization of joint and several liability of another person shall be recourse to litigation settlement after the execution of the program.Undoubtedly,this not only increases the litigant’s lawsuit, reduces the judicial efficiency,but also causes the parties to protect the rights of the unfair, even undermine the rule of law and justice, resulting in the phenomenon of judicial corruption.There are many reasons lead to internal joint and several liability litigation cases.In legislation,the excessive emphasis on the protection of the rights and interests of the joint and several liability system,which leads to the value of fairness and efficiency.In the proceedings,in our country the judicial proceedings and the execution rules of the Civil Procedural Law and related law are mainly for the general civil liability cases, there almost no rules and explanations for internal recoupment process of joint and several liability cases. This made the court out at elbows when dealing with joint and several liability cases and benefits of the parties who are held jointly liable can not get proper protection. In practice, due to the lack of the necessary legal regulations,the court does not point out the detailed extent of liability of parties who are held jointly liable, only when people assume full responsibility for the active duty and exercise the right of recourse prosecution to the court,the court will hear and make a judgement on the internal recourse trial. Executive staffs referee often focuses on the efficiency, carry out the case at his or her own will, irrespective of the degrees of mistakes that the person in charge should share, ignored the responsibility and sequence of the process,causing internal recovery proceedings continue.In order to achieve the joint and several liability of the non-litigation cases of internal recourse,we must find a solution for the above reasons. First of all, we should adhere to the principle of fairness and efficiency,insisting on the principle of protecting the rights and interests of the people and protecting the lawful rights andinterests of all the parties concerned.At the same time,adhering to the principle of fully protecting the rights and interests of the people and improving the overall benefit of litigation.Secondly, in the process of dealing with joint and several liability cases, it is necessary to establish the inherent necessary joint action form, which will incorporated all those responsible into the joint and several liability litigation;In the ruling, the court should bear clear and the execution order of each share joint responsibility between people;Finally, we need to improve the execution process of joint and several liability cases, and to ensure that the relationship between inside and outside of the parties to the joint and several liability cases can get sufficient and efficient settlement in a lawsuit, so as to realize the legal fairness and justice and joint and several liability litigation the overall efficiency of the raise. |
