It should adjudge the other one have related discharge duty when adjudge the one have duty of discharge the debt.

The joint and several liability aggravates the correlation party s responsibility, therefore we should use it discretely.

The validity of the joint and several liability all is united in the positive stimulated effectiveness of behavior whether the law philosophy or the law economy,the premise of which is the information symmetry or the behavior commutation among the behavior entity.

Using the theory of joint and several liability and imputation principle in tort law,three different opinions and cases on whether the party without spilling oil into the sea in two ships collision and only one ship leaked oil should be liable for pollution damage were analyzed.

The paper introduces an case that leads to the main theme,researches the legal effect and liability about unregistered automobile,and demonstrates clearly that the joint liability is against the purpose of legislation and the joint liability is unnecessary.

In our country,the claim pattern of the current joint liability is a free claim pattern.

As an important part of liability system in the civil law, the joint and several liability have a lot of advantages which other kind of liabilities don t occupy, and it has become a good weapon for obligees to protect their own rights.

The joint and several liability system could supply the better protection of the interest for the creditor compared to the general liability system, so that the joint and several liability system plays a very positive role in the legal practice.