Study On Liability Problem

In order to facilitate the settlement and guarantee the creditor's rights effectively in the context of the further development of China's market economy,the transaction participant often transfers all or part of his debts to the third person,resulting in endless cases regarding debts arising in judicial practices.However,there are still many problems in China's liability-related systems.First of all,there is relatively limited researches on the theory of liability in the legal literature of our country,most of which only introduces the principle of liability theory without in-depth discussion from a practical point of view.Secondly,although the transfer of contractual obligations is stipulated in the General Principles of Civil Law and the Contract Law,the relevant legislation on debt commitments need improvements at present given the present situation of legislation in our country.Finally,although a large number of liability-related cases in the judicial practice arise,the liability theory is imperfect in China.As the relevant legal provisions are too general and the debt relationships are complicated,the courts at all levels often feel confused in the determination of the nature of the liability.The judges with right of discretion often make different judgments,regarding to similar cases.Based on the above reasons,it is essential to conduct researches on the liability in aspects of practices.This paper shall take the relevant cases for example to discuss the liability system.This paper consists of five parts.The part would introduce the present situations of judgements on debt-related cases and existing issues,followed by the second part which discusses the judicial judgment on the establishment of liability.The third part discusses the determination of the nature of debt relief and coexisting liability by introducing specific cases.The fourth and fifth part relates to identification of liability and similar systems.This paper employs the method combining liability theory with concrete practice cases,in order to further clarify how liability theory can be used in judicial practices.