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我国民商法中的基本制度之一连带责任,旨在实现债权人行使债权的目的,保护债权人的法律权利。虽然连带责任的内容涉及到整个民商法,但由于受所制定时代的影响,连带责任的规定显得有点含糊,在学术界的研究也并未深入开展,同时还存在一些模糊点。文章在对国内民商法中连带责任进行认定的前提下,对其立法价值取向及根本内涵等问题进行了解读,再介绍民商法体系当中,有关连责任的部分概述,最后对其具体制度、具体实施过程中的认定研究,并提出若干思考。
One of the basic systems of civil and commercial law in our country is joint and several liability, aiming at the purpose of creditors to exercise their rights and protect the legal rights of creditors. Although the content of the joint and several liability involves the whole civil and commercial law, due to the impact of the established era, the joint and several liability provisions seem a little vague, and the research in the academic circles has not been carried out in depth. At the same time, there are still some ambiguities. Based on the cognizance of the joint and several liability in domestic civil and commercial law, the article interprets the orientation of its legislative value and fundamental connotation, and then introduces some parts of the system of civil and commercial law with related liability. Finally, Identification of the implementation of the process, and put forward some thinking.