民事连带责任司法裁判研究诉讼法学专业毕业论文.docxVIP

II II 确各责任人的责任份额。 连带责任案件裁判的执行对于整个连带责任司法裁判来说，具有重要的意义。 基于连带责任案件执行的不确定性及司法实践中的执行乱象，连带责任案件裁判的 执行应以连带责任承担的常态为考察点，原则上应对全体连带责任人予以强制执行； 执行要符合法定程序，并设置救济手段，赋予连带责任人按份执行抗辩权；在执行 程序中，连带责任人内部求偿权可依协议或判决书直接行使。 关键词：民事连带责任；司法裁判；执行 PAGE PAGE IV Abstract Civil joint and several liabilities is the problem about combination of substance and procedure, material law of joint and several liabilities is a static distribution about rights and obligation, and the judicial adjudication of joint and several liability is a dynamic process of literally static actualizing rights and obligation. However, for a long time, circle of science of civil law and circle of science of civil procedure law is lacking necessary communication and harmony for the research of joint and several liability, so that the provision for right and obligation of system of joint and several liability and the design for contentious procedure have a serious conflict and out of joint, and judicial application of joint and several liability get a critical distortion. To have a comprehensive research about the relationship of substance and procedure thorough a typical field of joint and several liabilities and judicial adjudication, the relationship of substance and procedure will more distinctly. According the character of joint and several liabilities, devising a set of personalized justice procedures, are able to provide theoretical support for legislative and substantive body to the scientific lawmaking and running of joint and several liabilities, to perfectly effect the legislation purpose of civil joint and several liability, to appropriate express the rights of various parties in the balance of interests and interactive relationship between rights and obligation. Civil joint and several liabilities as a composite liability, which is widespread in various branches of law and today’s social civil and commercial activity. Civil joint and several liabilities get most of the attention for its full protection of rights and i