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连带责任制度法律论文

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 连带责任制度法律论文

连带责任制度法律论文

连带责任制度若干干法律问题初探

【摘要】连连带责任是中国民事立法中的的一项重要民事责任制度,其其目的在于补偿救济,厘定民民事法律关系当事人的法律责责任,有效地保障债权人的合合法权益。连带责任主要是基基于合伙、担保、联营、承包包等合同关系或代理行为、侵侵权行为、上下级间的关系等等诸多原因而产生,因而被零零星分散规定在民法通则、合合同法、担保法等法律法规以以及相关司法解释之中。深入入、系统研究连带责任问题对对于正确认定当事人之间的连连带责任类型及份额,对于了了却当事人之间连带责任法律律关系,维护社会主义秩序具具有重大意义,目前法学界还还较少有人系统探讨,笔者试试作论述,期作美芹之献

【关键词】 概念 构成要要件 分类 特征 效力 确确定原则 关系 问题 建议议

一、引言

连带责任任是中国民事立法中的一项重重要民事责任制度,其目的在在于补偿救济,加重民事法律律关系当事人的法律责任,有有效地保障债权人的合法权益益。连带责任主要是基于合伙伙、担保、联营、承包等合同同关系或代理行为、侵权行为为、上下级间的关系等诸多原原因而产生,因而被零星分散散规定在民法通则、合同法、、担保法等法律法规以及相关关司法解释之中。深入、系统统研究连带责任问题对于正确确认定当事人之间的连带责任任类型及份额,对于了却当事事人之间责任法律关系,维护护社会主义秩序具有重大意义义,目前法学界还较少有人系系统探讨,笔者试作论述,期期作美芹之献。

二 连带带责任的概念

所谓连带责责任,是指依照法律规定或者者当事人的约定,两个或者两两个以上当事人对其共同债务务全部承担或部分承担,并能能因此引起其内部债务关系的的一种民事责任。当责任人为为多人时,每个人都负有清偿偿全部债务的责任,各责任人人之间有连带关系。连带责任任的概念最初产生于古罗马时时代, 之后演化于普通法和和大陆法中。我国民法并未直直接规定什么是连带责任,只只是对承担民事责任的情形作作出了若干规定。

三 连连带责任的构成要件

连带带责任本质上是一种民商事责责任,关涉当事人切身利益和和社会经济秩序,所以须有法法律明文规定或当事人明示约约定方可认定连带责任的成立立。具体而言,连带责任的构构成要件,包括下列两个方面面的因素:行为人造成了他人人的损害;当事人之间存在连连带关系。

行为人造成了了他人的损害。这是连带责任任的客观构成要件。按照民事事责任的基本理论,一般民事事责任的成立应具备四个方面面的条件:行为的违法性、损损害后果、损害后果与行为之之间的因果关系、过错。前三三个条件是客观要件,后 一一个条件是主观要件。在民事事行为中,行为人的行为客观观上 造成他人的损害,这是是一种客观事实。其客观性具具有特别的纯粹性,几乎不介介入任何人为的意志。它与一一般民事责任的 客观要件的的区别在于:1、没有考虑行行为的违法性;2、必须 存存在数个行为人的行为,尽管管数个行为人不一定有共同的的作 为或不作为。另外,在在连带责任的构成要件中,还还要注意区分行为人和当事人人两个概念。前者是指直接实实施了造成他人损害的人,后后者则是指由于行为人造成他他人损害而应承担连带责 任任的人,二者不是完全等同的的概念,往往后者的范畴大于于前者。

当事人之间存在在连带关系。何为连带关系法国人杜尔克姆认为\”人人们之间存在着两种连带关系系,一种是机械的连带关系,,就象分子构成结晶体一样,,个人被并入一个 大的单位位;另一种是有机的连带关系系,即作为社会有机体组成部部分,都应对有机体的发展做做出贡献。这两种连带关系代代 表所有社会成员的统一的的、和谐的动机,是社会存在在的基本条件\”。

 作为社社会连带主义法学的创始人法法国法学家狄骥对连带关系的的划分基本和杜克尔姆一致,, 并认为\”连带关系并不不是行为规则,它是一个事实实,一切人类社会的基本事实实。\” 杜尔克姆和狄骥的的这种对连带关系的界定,\\”已远离 了法律实证主义义和经验主义。他的理论实质质上是形而上学 的,而且从从社会化的形式看,应当被划划为自然法理论中的一 种特特殊观点。\” 狄骥的连带带主义观点虽然表明了社会的的基本事实状态,毕竟人本身身是社会中的人,不能脱离社社会中的其 他人而存在,社社会中的各个人或远或近地被被联系起来,这确 实是一种种事实,但本身并没有反映什什么现实问题,特别是在 法法学上,不具有多少实际意义义,仅仅具有理论上的探讨价价值。在民商法律上,,连带带关系不同于狄骥等所谓的\\”社会连 带关系\”,在在抛弃狄骥等社会连带主义的的观点后,应如何界定 其概概念,有学者认为,\”所谓谓连带关系是指各个责任人对对外都 不分份额,不分先后后次序地根据权利人的请求承承担责任\” ,殊值可

education on Party members'advancement activities and enhance awareness of the Communist Youth League education achievements, and vigorously promote the construction of civilization advanced units, units and staff home building activities, balanced, focused, pragmatic, innovation, high standard, high quality, high level, high efficiency to complete various tasks throughout the year.First, pay close attention to research information, efforts to improve decision-making servicesIn accordance with the "information reflect the information, promote the work of information leading work" requirements, adhere to grasp the team construction, mechanism construction and quantitative assessment, give full play to the assistant role of leadership, actively promote the innovation of research information development, and vigorously promote the research work of information to mention upgrading, efforts to improve the ability and level of decision-making.(a) adhere to the decision in the first place. To make the decision service as the focus of the work, participate in the point, and in the key place, in order to promote the democratization of decision-making, scientific advice. Based on the city's youth career "11th Five-Year" good bureau and the Communist Youth League work across the development, focus on the implementation of Scientific Outlook on Development theory and practice subject adolescents and youth work process of building a socialist harmonious society, pay close attention to the global, strategic, forward-looking major problems, grasp the overall situation, pay attention to plan and implement the specific tasks assigned by the leadership from the overall situation, think ahead on major issues concerning the overall situation, in-depth Study, grasp the dynamic, put forward suggestions, reflect in time.(two) adhere to the investigation. As an important way to firmly grasp the important link of scientific and democratic decision-making, focus on key leadership concern, concern and hot points of youth practice work, adhere to the practice to investigate and research, fully and accurately grasp the actual situation, for the leadership decision-making comes from practice, practical to provide first-hand information. To enhance the initiative, according to municipal Party committee leadership activities, week activities, in the "research" make great efforts to provide more targeted for leadership, predictability and effectiveness of comments and suggestions.(three) adhere to the information planning as an important means of expanding. The sources of information, through the network, the media and other channels, increase integration efforts the work of the Communist Youth League and youth information dynamic information resources, increase the information planning efforts to refine the Communist Youth League, and give full play to the role of information reference, to improve the quality of information as a fundamental, outstanding information work sensitivity and timeliness, timely, accurately, comprehensively reflect the municipal Party committee, municipal government, the Central Committee of the implementation of a major deployment, leadership attention, hot and difficult issues of concern to the masses and some important emergencies, timely provide all kinds of deep and valuable component of the following information. Continue to deepen the information research and information feedback system, information report system, information reporting system, information delivery system and information notification system, and constantly improve the information work of the assessment, incentive mechanism, improve the long-term mechanism to improve the information work of sustainable development.Two, pay close attention to contact and communication, efforts to improve the ability of comprehensive coordinationGive full play to a contact, pivotal role, coordination of the parties in accordance with the standard, efficient, high quality principles, firmly establish the principle of service, and effectively improve the level of policy theory, grasp the method of coordinating work, conscientiously do service leadership, service and Service Corps cadres.(a) do to actively carry out coordination. Upstream municipal Party committee, municipal government work report, and the central mission to understand, grasp the key ideas and working organs, targeted focus on reporting the work of mission, to focus on the city's superior league, major activities, attention, support and help.(two) do parallel coordination. To strengthen the contact and communication with the municipal departments, actively seek for the work of care, support, optimize the external environment. To strengthen the group work of the Communist Youth League and other provinces and cities, to grasp the work around the dynamic, active learning around the work experience, the effective integration of resources within the group, and the Communist Youth League career development.(three) earnestly grassroots coordination. Further increase communication efforts, strengthen the organizations at various levels to guide the work of the office and communication, to ensure the situation, reported lower levels of strength, and strive to the grassroots, inspired by the basic spirit of innovation, the formation of good ability of the league office work.Three, pay close attention to the quality of official documents, efforts to improve the ability to deal with textAdhere to high standards, strict requirements, careful attention to the drafting of the draft work, strict document drafting, audit clearance, proof reading and quality control, and strive to improve the ability to deal with the text, and the overall work of the service center.(a) earnestly. To further establish the draft document presentation system research, adhere to the practice, especially the drafting of important days and months multiplying, concentrating on the presentation of the research, understand the situation the situation, fully understand the intention of the leadership, to ensure the output, quality, and constantly improve the quality of manuscript. A manuscript quality appraisal system, the implementation of quantitative assessment, each quarter the comparison of office draft manuscript quality. Establish a reward system to reward the outstanding manuscript selection out, the wrong investigated persons responsible for the major errors.(two) strict master document quality. Strengthening document quality awareness, efforts in the drafting of documents, audit checks, printed all aspects of efforts, strict policy documents audit, content, format and procedures, adhere to the upper and lower check, and check before and after the check, ensure the document style format in the understanding of leadership intentions in place, ideas in the language in place, and strive to improve the quality of various documents.(three) a comprehensive specification document operation. To further standardize the document transfer procedures, emphasizing the precision in document processing, in strict accordance with the operating procedures document sign, registration, approval, distribution, handling, repaying, filing, ensure the document processing standard, accurate, and efficient. Especially to strict dispatch, strict audit document content. Strictly implement the document procedures step by step Shenqian, strict and unified file format, to ensure the normative document. Further the implementation of electronic document processing mode, the full implementation of OA office system, efforts to improve the work efficiency.Four, pay close attention to the work of supervision, efforts to improve the executive abilityThe city's major issues and focus on the overall work of the Communist Youth League to carry out supervision and inspection, insist on the idea, the handling of the key, efforts to promote the implementation of decisions, to ensure that government decrees.(a) on the center of focus on supervision. In accordance with the "grasp the overall situation, focused, practical, quantitative refinement" principle, conscientiously fulfill the supervision function, focusing on the important deployment, major decisions of the party will, secretary's office, department heads meeting agreed matters assigned by the leadership group, the book down and do the important matters and the regiment the key work to focus on supervision, to ensure that the inspection item piece is an echo, everything in the bag, to promote the work carried out smoothly.(two) grasp the key special supervision. According to different periods of work needs, focus on leadership, social concern, hot and difficult problem of youth reflects the implementation of regular and dynamic supervision of special work assigned by the leadership of the special work of tracking supervision, regularly held the Department responsible for the regular inspection work carried out inspection stage. Check or the implementation of the work, to the work of the special supervision and implementation.(three) innovative ways to promote the supervision. To further improve the effectiveness of supervision and inspection work, really play a role in promoting the implementation work. To further improve and perfect the supervision report system, inspection notification system, regularly carry out random checks of the supervision matters, to highlight the effectiveness of the inspection work, to effectively promote the work carried out.Five, pay close attention to daily management, efforts to improve logistical support capacityAccording to "do great things, do small things, start from the details; General requirements from the overall situation", pay close attention to daily management, enhance the foresight and initiative work, do the work of early preparation, program cost fine plan, artful arrangement, high quality services.(a) further strengthen the authority of hardware construction. Combined with the "three hit" work, to further promote the party organ culture construction, and actively carry out party building advanced units, units of civilization, to create the homes of the workers, further standardize internal office conditions, perfect decoration authorities canteen, strengthening the Office building management, further improve the authority office environment.(two) to further strengthen the organization system construction. The implementation of the municipal Party committee of various rules and regulations, in accordance with the norms of management, efficien

education on Party members'advancement activities and enhance awareness of the Communist Youth League education achievements, and vigorously promote the construction of civilization advanced units, units and staff home building activities, balanced, focused, pragmatic, innovation, high standard, high quality, high level, high efficiency to complete various tasks throughout the year.First, pay close attention to research information, efforts to improve decision-making servicesIn accordance with the "information reflect the information, promote the work of information leading work" requirements, adhere to grasp the team construction, mechanism construction and quantitative assessment, give full play to the assistant role of leadership, actively promote the innovation of research information development, and vigorously promote the research work of information to mention upgrading, efforts to improve the ability and level of decision-making.(a) adhere to the decision in the first place. To make the decision service as the focus of the work, participate in the point, and in the key place, in order to promote the democratization of decision-making, scientific advice. Based on the city's youth career "11th Five-Year" good bureau and the Communist Youth League work across the development, focus on the implementation of Scientific Outlook on Development theory and practice subject adolescents and youth work process of building a socialist harmonious society, pay close attention to the global, strategic, forward-looking major problems, grasp the overall situation, pay attention to plan and implement the specific tasks assigned by the leadership from the overall situation, think ahead on major issues concerning the overall situation, in-depth Study, grasp the dynamic, put forward suggestions, reflect in time.(two) adhere to the investigation. As an important way to firmly grasp the important link of scientific and democratic decision-making, focus on key leadership concern, concern and hot points of youth practice work, adhere to the practice to investigate and research, fully and accurately grasp the actual situation, for the leadership decision-making comes from practice, practical to provide first-hand information. To enhance the initiative, according to municipal Party committee leadership activities, week activities, in the "research" make great efforts to provide more targeted for leadership, predictability and effectiveness of comments and suggestions.(three) adhere to the information planning as an important means of expanding. The sources of information, through the network, the media and other channels, increase integration efforts the work of the Communist Youth League and youth information dynamic information resources, increase the information planning efforts to refine the Communist Youth League, and give full play to the role of information reference, to improve the quality of information as a fundamental, outstanding information work sensitivity and timeliness, timely, accurately, comprehensively reflect the municipal Party committee, municipal government, the Central Committee of the implementation of a major deployment, leadership attention, hot and difficult issues of concern to the masses and some important emergencies, timely provide all kinds of deep and valuable component of the following information. Continue to deepen the information research and information feedback system, information report system, information reporting system, information delivery system and information notification system, and constantly improve the information work of the assessment, incentive mechanism, improve the long-term mechanism to improve the information work of sustainable development.Two, pay close attention to contact and communication, efforts to improve the ability of comprehensive coordinationGive full play to a contact, pivotal role, coordination of the parties in accordance with the standard, efficient, high quality principles, firmly establish the principle of service, and effectively improve the level of policy theory, grasp the method of coordinating work, conscientiously do service leadership, service and Service Corps cadres.(a) do to actively carry out coordination. Upstream municipal Party committee, municipal government work report, and the central mission to understand, grasp the key ideas and working organs, targeted focus on reporting the work of mission, to focus on the city's superior league, major activities, attention, support and help.(two) do parallel coordination. To strengthen the contact and communication with the municipal departments, actively seek for the work of care, support, optimize the external environment. To strengthen the group work of the Communist Youth League and other provinces and cities, to grasp the work around the dynamic, active learning around the work experience, the effective integration of resources within the group, and the Communist Youth League career development.(three) earnestly grassroots coordination. Further increase communication efforts, strengthen the organizations at various levels to guide the work of the office and communication, to ensure the situation, reported lower levels of strength, and strive to the grassroots, inspired by the basic spirit of innovation, the formation of good ability of the league office work.Three, pay close attention to the quality of official documents, efforts to improve the ability to deal with textAdhere to high standards, strict requirements, careful attention to the drafting of the draft work, strict document drafting, audit clearance, proof reading and quality control, and strive to improve the ability to deal with the text, and the overall work of the service center.(a) earnestly. To further establish the draft document presentation system research, adhere to the practice, especially the drafting of important days and months multiplying, concentrating on the presentation of the research, understand the situation the situation, fully understand the intention of the leadership, to ensure the output, quality, and constantly improve the quality of manuscript. A manuscript quality appraisal system, the implementation of quantitative assessment, each quarter the comparison of office draft manuscript quality. Establish a reward system to reward the outstanding manuscript selection out, the wrong investigated persons responsible for the major errors.(two) strict master document quality. Strengthening document quality awareness, efforts in the drafting of documents, audit checks, printed all aspects of efforts, strict policy documents audit, content, format and procedures, adhere to the upper and lower check, and check before and after the check, ensure the document style format in the understanding of leadership intentions in place, ideas in the language in place, and strive to improve the quality of various documents.(three) a comprehensive specification document operation. To further standardize the document transfer procedures, emphasizing the precision in document processing, in strict accordance with the operating procedures document sign, registration, approval, distribution, handling, repaying, filing, ensure the document processing standard, accurate, and efficient. Especially to strict dispatch, strict audit document content. Strictly implement the document procedures step by step Shenqian, strict and unified file format, to ensure the normative document. Further the implementation of electronic document processing mode, the full implementation of OA office system, efforts to improve the work efficiency.Four, pay close attention to the work of supervision, efforts to improve the executive abilityThe city's major issues and focus on the overall work of the Communist Youth League to carry out supervision and inspection, insist on the idea, the handling of the key, efforts to promote the implementation of decisions, to ensure that government decrees.(a) on the center of focus on supervision. In accordance with the "grasp the overall situation, focused, practical, quantitative refinement" principle, conscientiously fulfill the supervision function, focusing on the important deployment, major decisions of the party will, secretary's office, department heads meeting agreed matters assigned by the leadership group, the book down and do the important matters and the regiment the key work to focus on supervision, to ensure that the inspection item piece is an echo, everything in the bag, to promote the work carried out smoothly.(two) grasp the key special supervision. According to different periods of work needs, focus on leadership, social concern, hot and difficult problem of youth reflects the implementation of regular and dynamic supervision of special work assigned by the leadership of the special work of tracking supervision, regularly held the Department responsible for the regular inspection work carried out inspection stage. Check or the implementation of the work, to the work of the special supervision and implementation.(three) innovative ways to promote the supervision. To further improve the effectiveness of supervision and inspection work, really play a role in promoting the implementation work. To further improve and perfect the supervision report system, inspection notification system, regularly carry out random checks of the supervision matters, to highlight the effectiveness of the inspection work, to effectively promote the work carried out.Five, pay close attention to daily management, efforts to improve logistical support capacityAccording to "do great things, do small things, start from the details; General requirements from the overall situation", pay close attention to daily management, enhance the foresight and initiative work, do the work of early preparation, program cost fine plan, artful arrangement, high quality services.(a) further strengthen the authority of hardware construction. Combined with the "three hit" work, to further promote the party organ culture construction, and actively carry out party building advanced units, units of civilization, to create the homes of the workers, further standardize internal office conditions, perfect decoration authorities canteen, strengthening the Office building management, further improve the authority office environment.(two) to further strengthen the organization system construction. The implementation of the municipal Party committee of various rules and regulations, in accordance with the norms of management, efficien2016全新精品资料-全新公文范文-全程指导写作 –独家原创 1 / 4

education on Party members'advancement activities and enhance awareness of the Communist Youth League education achievements, and vigorously promote the construction of civilization advanced units, units and staff home building activities, balanced, focused, pragmatic, innovation, high standard, high quality, high level, high efficiency to complete various tasks throughout the year.First, pay close attention to research information, efforts to improve decision-making servicesIn accordance with the "information reflect the information, promote the work of information leading work" requirements, adhere to grasp the team construction, mechanism construction and quantitative assessment, give full play to the assistant role of leadership, actively promote the innovation of research information development, and vigorously promote the research work of information to mention upgrading, efforts to improve the ability and level of decision-making.(a) adhere to the decision in the first place. To make the decision service as the focus of the work, participate in the point, and in the key place, in order to promote the democratization of decision-making, scientific advice. Based on the city's youth career "11th Five-Year" good bureau and the Communist Youth League work across the development, focus on the implementation of Scientific Outlook on Development theory and practice subject adolescents and youth work process of building a socialist harmonious society, pay close attention to the global, strategic, forward-looking major problems, grasp the overall situation, pay attention to plan and implement the specific tasks assigned by the leadership from the overall situation, think ahead on major issues concerning the overall situation, in-depth Study, grasp the dynamic, put forward suggestions, reflect in time.(two) adhere to the investigation. As an important way to firmly grasp the important link of scientific and democratic decision-making, focus on key leadership concern, concern and hot points of youth practice work, adhere to the practice to investigate and research, fully and accurately grasp the actual situation, for the leadership decision-making comes from practice, practical to provide first-hand information. To enhance the initiative, according to municipal Party committee leadership activities, week activities, in the "research" make great efforts to provide more targeted for leadership, predictability and effectiveness of comments and suggestions.(three) adhere to the information planning as an important means of expanding. The sources of information, through the network, the media and other channels, increase integration efforts the work of the Communist Youth League and youth information dynamic information resources, increase the information planning efforts to refine the Communist Youth League, and give full play to the role of information reference, to improve the quality of information as a fundamental, outstanding information work sensitivity and timeliness, timely, accurately, comprehensively reflect the municipal Party committee, municipal government, the Central Committee of the implementation of a major deployment, leadership attention, hot and difficult issues of concern to the masses and some important emergencies, timely provide all kinds of deep and valuable component of the following information. Continue to deepen the information research and information feedback system, information report system, information reporting system, information delivery system and information notification system, and constantly improve the information work of the assessment, incentive mechanism, improve the long-term mechanism to improve the information work of sustainable development.Two, pay close attention to contact and communication, efforts to improve the ability of comprehensive coordinationGive full play to a contact, pivotal role, coordination of the parties in accordance with the standard, efficient, high quality principles, firmly establish the principle of service, and effectively improve the level of policy theory, grasp the method of coordinating work, conscientiously do service leadership, service and Service Corps cadres.(a) do to actively carry out coordination. Upstream municipal Party committee, municipal government work report, and the central mission to understand, grasp the key ideas and working organs, targeted focus on reporting the work of mission, to focus on the city's superior league, major activities, attention, support and help.(two) do parallel coordination. To strengthen the contact and communication with the municipal departments, actively seek for the work of care, support, optimize the external environment. To strengthen the group work of the Communist Youth League and other provinces and cities, to grasp the work around the dynamic, active learning around the work experience, the effective integration of resources within the group, and the Communist Youth League career development.(three) earnestly grassroots coordination. Further increase communication efforts, strengthen the organizations at various levels to guide the work of the office and communication, to ensure the situation, reported lower levels of strength, and strive to the grassroots, inspired by the basic spirit of innovation, the formation of good ability of the league office work.Three, pay close attention to the quality of official documents, efforts to improve the ability to deal with textAdhere to high standards, strict requirements, careful attention to the drafting of the draft work, strict document drafting, audit clearance, proof reading and quality control, and strive to improve the ability to deal with the text, and the overall work of the service center.(a) earnestly. To further establish the draft document presentation system research, adhere to the practice, especially the drafting of important days and months multiplying, concentrating on the presentation of the research, understand the situation the situation, fully understand the intention of the leadership, to ensure the output, quality, and constantly improve the quality of manuscript. A manuscript quality appraisal system, the implementation of quantitative assessment, each quarter the comparison of office draft manuscript quality. Establish a reward system to reward the outstanding manuscript selection out, the wrong investigated persons responsible for the major errors.(two) strict master document quality. Strengthening document quality awareness, efforts in the drafting of documents, audit checks, printed all aspects of efforts, strict policy documents audit, content, format and procedures, adhere to the upper and lower check, and check before and after the check, ensu

关键词: 法律论文 / 连带责任 / 制度 / 法律论文 / 连带责任制度法律论文 /

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