論不真正連帶債務(wù)制度.pdf

1、 1Abstract The paper is caused by an ordinary accident, and a victim obtains two different legal-relationship damages’ claim rights due to the traffic accident: One is produced by the labor relationship; The other is cau

2、sed by traffic accident tort. However, the two legal rights are called the unreal joint and several liabilities in theoretical field. Although there are many studies on unreal joint and several liabilities, the provision

3、s about the unreal joint and several liabilities are few, which just patch in the related laws and judicial interpretations. But as the social life changes and the social legal relationships become more and more complica

4、te, the system of unreal joint and several liabilities attracts people’s attentions. Nevertheless, there have only a small amount of provisions on the unreal joint and several liabilities in China, and without uniform p

5、rinciple rules and judicial application rules, it can’t meet the needs of social life, then as a result, the judges in different places have inconsistent understandings and applications of unreal joint and several liabil

6、ity system in the judicial practice, so that lots of victims can’t fully protect their own legitimate rights and interests, which have resulted in the confusion of judicial practice at last. So the paper analyzes and stu

7、dies the unreal joint and several liabilities with an ordinary traffic accident in all aspects ----its concept、composition、effects and a comparison between related domestic and international rules, in order to provide re

8、ferences for further improving the unreal joint and several liabilities system and the judicial practice. The paper is divided into four parts: The first part, is about the case for the study. It introduces basic facts

9、and the result of the case to make sure the research direction of the paper by a real-world case. The second part, is about the concept、 constituent elements and effects of the unreal joint and several liabilities. With

10、the analysis and study of the theory of unreal joint and several liabilities, this part makes us understand the unreal joint and several liabilities more comprehensively and profoundly. The third part , is about a compar

11、ison of related domestic and international rules about the unreal joint and several liability system. By the comparative analysis of unreal joint and several liabilities systems between other countries and districts and