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在我国的民商法律中,关于“不真正连带责任”的知识体系并不够完善。但是,“不真正连带责任”在我国整个法律体系中占据着极为重要的地位。对外,它能够公平的解决责任人与受害人之间矛盾纠纷;对内,它能平衡好各责任人之间的矛盾。因此,完善好“不真正连带责任”的法律体系极为必要。本文从现实出发,分析“不真正连带责任”的困惑,并提出立法构想,以使得我国的民商法律体系更为完善。
In China’s civil and commercial law, the knowledge system about “not really joint and several ” is not perfect enough. However, “not really jointly and severally liable” occupies an extremely important position in the entire legal system of our country. On the outside, it can fairly resolve conflicts and disputes between the responsible person and the victim; internally, it can balance the contradictions among the responsible parties. Therefore, it is extremely necessary to perfect the legal system of “not really joint and several liability”. Based on the reality, this article analyzes the confusion of “not really joint and several liability” and puts forward the idea of legislation to make our civil and commercial legal system more perfect.