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连带责任是一种加重责任,承担加重责任必须基于法定的事由。在数人侵权的侵权纠纷中,为更好保障被侵权人的权利,使其权利在被侵害时能够得到及时、有效的救济,《侵权责任法》规定以下行为应当承担连带责任,即共同侵权,共同危险,或者无意思联络的数人侵权行为,且每个人的行为都足以造成全部的损害后果。在侵权纠纷中承担连带责任,意味着每一个侵权人,都负有清偿全部债务(侵权之债)的义务,同时被侵权人也有权请求部分或全部连带责任人承担全部责任,人民法院做出的判决对全体连带责任人均具有约束力。本文旨在在司法实践中,基于被侵权人仅请求部分连带责任人承担全部责任的情况下如何保护其他连带责任人的诉权即人民法院是否应通知其他连带责任人作为共同诉讼的当事人参加诉讼做一探讨。
Joint and several liability is one of the reasons for aggravating responsibilities and assuming heavier responsibilities must be based on the law. In several infringement of infringement disputes, in order to better protect the rights of infringers, so that their rights can be timely and effective relief when infringed, “Tort Liability Act” the following acts should bear joint and several liability, that is, joint infringement , Common danger, or innocent infringement by an inadvertent person, each of which is sufficient to cause all the detrimental consequences. To assume joint and several liability in infringement disputes means that each infringer has the obligation to pay off all debts (infringement liability), and the infringer also has the right to request that some or all of the joint and several liability persons assume full responsibility. The people’s court shall make The judgment is binding on all the joint and severally liable persons. In judicial practice, this article aims to protect the rights of litigation of other joint and severally liable persons based on the fact that the infringer only requests some of the joint and severally liable persons to assume full responsibility. That is, whether the people’s court should notify other joint and several parties as litigation parties A discussion.