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民事案件中的共同责任形态历来是原被告争锋相对的焦点,责任形态的确定关系到各被告之间的赔偿顺序、赔偿范围等直接影响当事人权利义务的重要因素。但由于我国立法尚不完善、理论与实践脱节等诸多原因,造成民事审判中对责任形态的判定并不统一,给律师法律实务带来诸多困扰,本文结合责任形态理论与我国相关法律规定,对共同责任形态进行梳理与探讨。
The common responsibility form in civil cases has always been the relative focus of former defendants. The determination of the responsibility forms is an important factor that directly affects the parties’ rights and obligations in the order of compensation and the scope of compensation. However, due to the imperfect legislation in our country and the disconnection between theory and practice, the judgments of the forms of responsibility in civil trials are not unified, which brings many troubles to the legal practice of lawyers. Based on the theory of forms of responsibility and the relevant laws and regulations in our country, Commonwealth Responsibilities to sort out and explore.