A Systematic Research To The Joint And Several Liability

With the increase of social economic and trade exchanges,the legal acts of civil subjects are becoming more and more complex.The joint and several liability is one of the important forms of civil liability.At the same time,the joint and several liability is the key point to clarify the liability of the subject and solve the disputes.With the development of social economy and the continuous improvement of the legal system in our country,the theoretical system of joint and several liability in the civil field has also been rapidly developed and improved,but at the same time,there are new situations and new problems in the society.In the current era of big data,with the help of artificial intelligence and big data,such as the division of tort liability for driverless vehicles,system research and development There is a certain gap in legislation on how to allocate the responsibilities among producers,sellers and operators,and whether the above subjects can be required to bear the responsibilities by the traditional joint and several liability theoretical system.Therefore,it is of great significance to study the system of joint and several liability,discuss its connotation,elements,types,causes and so on.On the basis of relevant civil theories,this study discusses the system of joint and several liability,the main purpose is to clarify the system framework and application of joint and several liability,and better guide the judicial practice.This study first discusses the basic issues of the definition of joint and several liability,the types of joint and several liability,the distinction between joint and several liability and related concepts,and points out the basic definition and types of joint and several liability;secondly,it expounds the constitutive requirements and legal effects of joint and several liability,and distinguishes the internal and external effects of joint and several liability on the basis of clarifying the constitutive requirements of joint and several liability In order to have a deeper understanding and a complete understanding of the connotation of joint and several liability,this paper discusses the theory of joint and several liability.Thirdly,it analyzes the situation of joint and several liability,such as subject connection,subjective connection,joint and several liability based on policy or value consideration,and analyzes the joint and several liability of various types.Finally,starting from the current problems of the lack of legislation and justice of joint and several liability in China,it strengthens legislation,limits the scope of application of joint and several liability,improves and standardizes the legislation of execution procedure In order to provide some reference for the reform of the civil liability system in our country,the author puts forward some concrete countermeasures to improve the system of joint and several liability,such as the improper limitation of joint and several liability,the different distribution of the responsibility of the agent who authorizes the unknown agent.As an important part of the civil legal system,the joint and several liability system has a positive significance for the protection of the parties whose interests are damaged.However,the design and application of the joint and several liability system should conform to the value of social equity and justice.At the same time,it should also have the logic of law and promote the improvement of the socialist legal system in China.