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在经济审判中,当事人一般只对自己因合同或侵权行为所产生的债务承担清偿责任,但是,在某些特殊情况下,依照法律的规定或者合同的约定,当事人还应当对他人的合同债务或侵权债务承担清偿责任.在连带责任中,各债务人对同一债务负有共同的、不可分割的或连带的履行和清偿义务,这是相对于债权人而言的,或者说是就债务人的整体的对外关系而言的.那么,在具体对共同债务或连带债务的履行和清偿过程中,各债务人之间是否有先后之分?与此相联系,在诉讼地位上是否有主次之别呢?这是经济审判中适用连带责任的一个存有争议的问题.对此,立法上没有明确,实践中的做法也很不一致.因此,值得探讨和研究.
In economic trials, the parties generally only assume responsibility for the debts incurred by themselves due to the contract or tort. However, in some special cases, in accordance with the provisions of the law or the contract, the parties should also be responsible for the contractual obligations of others or In joint and several liability, each debtor has common, indivisible or joint obligation to perform and repay the same debts, which is relative to the creditors or the debtor's overall foreign debts Relation, then, in the concrete implementation of the common debt or joint and several obligations and the settlement process, whether there is a priori between the debtors? In connection with this, whether there is a primacy in the status of the proceedings? Is a controversial issue that applies joint and several liability in the economic trial, so the legislation is not clear and the practice is very inconsistent. Therefore, it is worth discussing and studying.