连带责任案件执行的困境及出路-诉讼法学专业论文.docxVIP

II II Abstract As an important kind of civil composite liability, joint liability has been of great Legal value since its appearance, it can maximize the protection of t the rights and interests of right holders, and make these rights and interests to be achieved timely and fully. Just for this reason, it has attracted increasing attention in the legislation of each country, and so as in China. In China, it is widely used in todays civil and commercial activities, and trend to be wider. As a result, as the growing of the number and type of civil and commercial cases, cases about joint and several liability increasing too, and that cases need to be executed also increase. At the same time, arbitrary, blindness and many other questions arise when the courts executing these joint liability cases. These disadvantages not only will prevent the case to be executed smoothly, but also will cause a series of social problems. So, researching on difficulties and solutions of the execution of cases about joint liability is very meaningful. This paper will be divided into three parts: The first part is mostly going to analysis the basic knowledge about the cases about joint liability. Firstly, I will define which are cases about joint liability, and classify these cases which are common in judicial practice briefly; then, conclude the characteristics of the execution of cases about joint liability with the method of comparison and analysis. Compared to the execution of the general civil cases, the execution of cases about joint liability has three characters: the first one, in these cases there have several objects to be executed; the second one, the method to execute is alternative; the last one, there is a special internal right of recourse in these cases. The second part is mainly going to analysis the execution current situation about joint liability. Firstly, I will analysis the questions existed in the execution of cases about joint l liability which I conclude as arbitrar