發(fā)布時間：2019-05-20 03:10

【摘要】：民事連帶責任制度相對于一般責任制度來說對權(quán)利人有更大的保護力度,同時對責任人有威懾力,在實踐中發(fā)揮了積極作用。但是,我國連帶責任制度并不完善,立法上和司法上還存在一些不足,本文認為有必要對連帶責任制度更深入的研究。在提出問題之前首先論述了連帶責任制度的基本理論,包括對連帶責任的界定、連帶責任的特征以及與相似概念的比較并且本文還專門論述了連帶責任的基礎(chǔ),包括主體多數(shù)性,關(guān)聯(lián)性,損害結(jié)果的同一性。其中最本質(zhì)的基礎(chǔ)為連帶責任的關(guān)聯(lián)性,包括主體關(guān)聯(lián)、主觀關(guān)聯(lián)以及因果關(guān)系的關(guān)聯(lián)。論述基本理論是為了更好的提出問題分析問題,本文根據(jù)連帶責任最本質(zhì)的基礎(chǔ)即關(guān)聯(lián)性并且結(jié)合我國法律規(guī)定的實際情況我國連帶責任制度現(xiàn)狀分類梳理,包括主體關(guān)聯(lián)的連帶責任、主觀關(guān)聯(lián)的連帶責任、基于政策與價值考量的連帶責任。之后,本文主要介紹了德國和法國連帶責任制度的規(guī)定并且結(jié)合了英國、美國的立法和實踐。并且根據(jù)對比提出了一些可借鑒的經(jīng)驗。最后,論述我國連帶責任制度在立法及司法上的完善。首先,提出了我國連帶責任制度中存在的不足。包括:連帶責任制度在我國適用范圍不當擴大;連帶責任制度在執(zhí)行程序的立法上存在空白點;連帶責任制度中存在不當限制的情形以及委托代理授權(quán)不明的連帶責任不合理等。本文從立法、司法兩方面雙管齊下,針對不足,提出完善意見解決問題:應當加強立法,限制連帶責任的適用范圍;完善連帶責任在程序方面的立法;規(guī)范不當限制的情形以及委托代理授權(quán)不明時責任的區(qū)別分配。討論完善連帶責任制度是有著重要的法律意義和現(xiàn)實意義的。希望通過論述連帶責任制度的完善可以起到拋磚引玉的作用,使得更多的人提出更好的解決辦法。
[Abstract]:Compared with the general liability system, the civil joint and several liability system has more protection to the obligee, and at the same time has the deterrence to the responsible person, which has played an active role in practice. However, the system of joint and several liability in our country is not perfect, and there are still some shortcomings in legislation and judicature. This paper holds that it is necessary to study the system of joint and several liability more deeply. Before asking the question, this paper first discusses the basic theory of joint and several liability system, including the definition of joint and several liability, the characteristics of joint and several liability and the comparison with similar concepts, and this paper also discusses the basis of joint and several liability. Including the subject majority, relevance, damage to the identity of the result. Among them, the most essential basis is the correlation of joint and several liability, including the relationship of subject, subjective and causality. This paper discusses the basic theory in order to put forward the problem analysis better. This paper classifies and combs the present situation of joint and several liability system according to the most essential basis of joint and several liability, that is, the relevance and the actual situation stipulated by the law of our country. Including the joint and several liability of the subject association, the joint and several liability of the subjective association, the joint and several liability based on the policy and the value consideration. After that, this paper mainly introduces the provisions of German and French joint and several liability system and combines the legislation and practice of Britain and the United States. And according to the comparison, this paper puts forward some experiences that can be used for reference. Finally, it discusses the improvement of joint and several liability system in legislation and judicature in our country. First of all, this paper puts forward the shortcomings of the joint and several liability system in our country. Including: the scope of application of the joint and several liability system in our country has been improperly expanded, and there are gaps in the legislation of the implementation procedure of the joint and several liability system. There are improper restrictions in the system of joint and several liability and unreasonable joint and several liability with unknown principal-agent authorization. In view of the shortcomings, this paper puts forward some suggestions to solve the problems: we should strengthen the legislation, limit the scope of application of joint and several liability, perfect the legislation of joint and several liability in the procedural aspect, and improve the legislation of joint and several liability. Standardize the situation of improper restriction and the difference and distribution of responsibility when the principal-agent authorization is unknown. It is of great legal and practical significance to discuss and perfect the system of joint and several liability. I hope that by discussing the improvement of joint and several liability system can play a role in attracting jade, so that more people put forward better solutions.
【學位授予單位】：河北大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D923

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