本文首先对被广泛采纳和引用的不真正连带债务的概念重新给予定义,使之更规范和准确。从现有不真正连带债务诉权行使的立法规定分析出,现有的不真正连带债务的诉权行使竞有三种不同的立法规定,存在着明显的制度缺陷。主张有终局责任人的不真正连带债务案件,在每个案件中若债权人未起诉终局责任人的,法院应当追加终局责任人作为共同被告参加诉讼。 This article begins by redefining the concept of untrue joint liability, which is widely adopted and quoted, to make it more normative and accurate. From the existing legislative provisions that do not really exercise the right of joint and several claims, it is analyzed that there are obvious system defects in the existing three different legislative provisions in the exercise of the right of litigation which does not really involve debt. If a creditor does not prosecute the ultimate responsible person in each case, the court shall append the ultimate responsible person as the co-defendant to participate in the litigation.