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连带责任制度因其充分保护债权人利益的独特优势而备受瞩目。它肩负补偿救济、惩罚过错、预防不法等多项功能,对债权人、责任人的利益影响甚巨,因此,连带责任制度一直是民法学界关注的重点、难点问题,但对其成因的考究一直缺失。作为一种非常严苛的责任承担方式,在实践中应用如此广泛,其存在基础非常值得探讨。对这一问题的明晰更加有利于深化对连带责任制度的价值认知及发展趋势的判断,对实践中连带责任缺位、错位以及越位的混乱现象的改变也多有裨益。
The joint responsibility system has drawn much attention because of its unique advantages of fully protecting the interests of creditors. It shoulders the functions of compensating for remedies, punishing the wrongdoers and preventing unlawful acts, which has a huge impact on the interests of creditors and principals. Therefore, the joint and several liability system has always been the focus and difficult issue of civil law scholars, but its causes are always lacking . As a very harsh way of undertaking responsibility, it is widely used in practice and the basis of its existence is worth discussing. The clarification of this issue is more conducive to deepening the judgments on the value cognition and development trend of the joint liability system, and is also beneficial to the change of the joint liability absence, dislocation and offside chaos in practice.