关键词: 补充责任, 顺序利益, 先诉抗辩权, 顺序执行, 检索抗辩

Abstract: The provisions of supplementary liability in China’s civil and commercial laws are scattered. There is no uniform rule on the protection of the sequential interests of supplementary liability， and there are inconsistent operating standards in judicial practice. Execution in sequence and benefit of discussion provide different degrees of protection for the interests of the sequential of the parties， and China’s Civil Code is characteristic of both. An analysis of all kinds of supplementary liability from the two dimensions of substantive and procedure reveals that the necessity of the protecting of sequential interests is different. Therefore， after admitting supplementary partners can reduce liability claims according to Article 698 of the Civil Code， the application of Article 687 should be determined according to the necessity of the protection of sequential interests. In addition， the benefit of discussion may be presented prior to the termination of execution， and the sequence of execution shall be determined prior to the commencement of the execution program， but may be changed during execution.

Key words: supplementary liability, sequential interest, beneficium ordinis, execution in sequence, benefit of discussion